The Convention on Biological Diversity: Understanding and Influencing the Process A Guide to Understanding and Participating Effectively in the Ninth Conference of the Parties to the Convention on Biological Diversity (COP-9)
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The Convention on Biological Diversity:
Understanding and Influencing the Process
A Guide to Understanding and Participating Effectively in the
Ninth Conference of the Parties to the
Convention on Biological Diversity (COP-9)
The Convention on Biological Diversity: Understanding and Influencing the Process
A Guide to Understanding and Participating Effectively in the Ninth Conference of theParties to the Convention on Biological Diversity (COP-9)
The Equator Initiative
United Nations University Institute of Advanced Studies
May 2008
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ACKNOWLEDGEMENTS
This is an updated edition of the Guide published in 2006 for participants in the eighth meeting ofthe Conference of the Parties to the Convention on Biological Diversity, held in Curitiba, Brazil.The 2006 edition was prepared by the United Nations University Institute of Advanced Studies bySam Johnston, Senior Research Fellow and Charles Victor Barber, Research Associate; TonyGross, Adjunct Senior Fellow and consultant to the Ministry of the Environment, Brazil, andBraulio Ferreira de Sousa Dias, Head of Biodiversity Conservation, Secretariat for Biodiversity andForests, Ministry of the Environment, Brazil, with the generous support of ConservationInternational and the United Nations Development Programme’s Equator Initiative. The currentedition was prepared by Shira Honig, with the assistance of Kate Dillon, of the Equator Initiative.
NOTE ON USAGE
The Convention on Biological Diversity is alternatively referred to as the Convention or CBD. Boldtype upon first reference indicates that the acronym or term is in the Glossary at the end of thebooklet.
NOTE ON SOURCES
Sources include the text of the Convention on Biological Diversity; the website of the Secretariat ofthe Convention on Biological Diversity at www.cbd.int and various documents; documentationfrom the Global Environment Facility website at www.gefweb.org; the city of Bonn, Germany,website at www.bonn.de; and the Secretariat of the Convention on Biological Diversity. Boxes 1and 2 were reproduced mainly from the International Institute for Sustainable Development’s BriefIntroduction to the Convention on Biological Diversity, available athttp://www.iisd.ca/process/biodiv_wildlife-cbdintro.htm, and Section 4.5 is reproduced from theConvention website at http://www.cbd.int/sp/.
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Table of Contents
I. Introduction 51.1 The purpose of this guide 51.2 What is biodiversity? 51.3 The importance of biodiversity 61.4 History of the Convention on Biological Diversity 6
II. Obligations on Parties to the Convention 72.1 Article 6: National strategies and plans 72.2 Article 7: Identification and monitoring of biodiversity 82.3 Article 8: In situ conservation 8
2.3.1 Protected areas 82.3.2 Regulation and management of biological resources 92.3.3 Regulation and management of activities 92.3.4 Rehabilitation and restoration 92.3.5 Alien species 92.3.6 Living modified organisms 92.3.7 Traditional knowledge and practices 9
2.4 Article 9: Ex situ conservation 102.5 Article 10: Sustainable use 102.6 Articles 11-14: Measures to promote conservation and sustainable use 102.7 Articles 15-21: Access, Sharing and Benefits 11
2.7.1 Access to genetic resources and benefit sharing 112.7.2 Access to and transfer of technologies 122.7.3 Knowledge-sharing 122.7.4 Financial resources and mechanism 13
III. Structure and Operations of the Convention 133.1 Institutions of the Convention 13
3.1.1 The Conference of the Parties (COP) 13Box 1: Previous Meetings of the Conference of the Parties 143.1.2 Subsidiary Body on Scientific, Technical and Technological Advice
(SBSTTA) 15Box 2: Previous Meetings of the SBSTTA 163.1.3 Secretariat 183.1.4 Clearing-House Mechanism (CHM) 183.1.5 Financial Mechanism 183.1.6 Other Bodies and Meetings 193.1.7 The Cartagena Protocol on Biosafety 19
3.2 Decision-making process 203.3 COP procedures, management and documents 21
3.3.1 The COP plenary 213.3.2 COP working groups 213.3.3 Contact groups and“friends of the chair” 213.3.4 The high-level ministerial segment of the COP 223.3.5 Side events and parallel events at the COP 223.3.6 COP governance: The president and the bureau 233.3.7 Types of COP participants 233.3.8 COP documents 24
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IV. Framework of the Convention 254.1 Thematic programmes of work 264.2 Cross-cutting issues 264.3 Ecosystem approach 27
4.3.1 Ecosystem Approach Sourcebook 274.4 Principles, Guidelines and other tools 284.5 Strategic Plan 284.6 Cooperation with other conventions 31
V. Implementation of the Convention 325.1 National Biodiversity Strategies and Action Plans (NBSAPs) 325.2 Action to integrate conservation and sustainable use into other sectors 345.3 National Reports 35
VI. Importance of the Ninth Meeting of the Conference of the Parties 356.1 Biodiversity and the United Nations in Bonn 356.2 Issues to be addressed by COP-9 36
6.2.1 Items for in-depth consideration 366.2.2 Other substantive issues 37
6.3 2010 Biodiversity Target 38
VII. Influencing the COP Process: Strategies for Indigenous and Local Communities 397.1 Registration procedures for observers at COP and MOP meetings 397.2 Interventions in plenary and working group sessions 397.3 Negotiating text in plenary and working group sessions 407.4 Influencing the positions of government delegations 417.5 Distributing written materials 427.6 Parallel events at COP-9 in Bonn 42
Acronyms 44
Glossary of Terms 45
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I. Introduction
Biological diversity is the foundation upon which human civilizations have been built. Itsconservation is a prerequisite for sustainable development and, as such, constitutes one of thegreatest challenges of the modern era. The Convention on Biological Diversity (CBD) is aninternational treaty designed to sustain the diversity of life on Earth.
1.1 The purpose of this guide
The purpose of this guide is to provide local and indigenous peoples, as well as other participants inthe ninth meeting of the Conference of the Parties (COP-9), with background and introductoryinformation on the CBD and the COP process, and some advice on how to effectively participate atCOP-9. The guide does not take positions on any of the substantive issues that will be discussed atthe conference, but rather attempts to provide the representatives of local and indigenouscommunities with the tools to effectively put forward their own interests and positions.
1.2 What is biodiversity?
Biological diversity, or biodiversity, is the variety of life on Earth. It comprises the variabilitywithin species, among species, and of ecosystems. It also refers to the complex relationshipsamong living things, and between living things and their environment.
Biodiversity is:
the sum total of all life on our planet, and includes all the different species of plants, animalsand micro-organisms (estimated at more than ten million species), all the genetic variabilitywithin these species (estimated at between 10-100,000 genes per species) and all thediversity of the ecosystems formed by the different combinations of species.
the environmental goods and services that are responsible for maintaining life on Earth, forthe interactions between living beings, and for the supply of the goods and services thatsupport human societies and their economies. These goods and services include food,medicine, clean water and air, and other natural resources that support a broad range ofhuman activities and industries, from forestry to mining to pharmaceuticals. Recent studiessuggest the aggregate annual value of these environmental services globally amounts totrillions of dollars.
both wild species and those species domesticated by humans over the last ten thousandyears. A single domesticated species such as rice may now comprise as many as twothousand different local varieties.
the biological resources that are the object of economic use by humans, whether by huntingand fishing, by plant collection or timber extraction, or by cultivation and the breeding ofdomesticated species in agriculture, forestry, fish breeding and animal husbandry.
the genetic resources that make up our genetic heritage, the basis for research and geneticimprovements that result in more productive and resistant cultivars and breeds, as well asconstituting the basis for the growing biotechnology industry. Genetic resources are thegenetic materials of plants, animals or other species that contain functional units ofheredity and that have any actual or potential value.
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The availability of such goods and services, and therefore the persistence of both industry and lifein general, is under increasing threat from overexploitation, habitat loss and degradation, pollution,invasive species, and climate change. Sustaining biodiversity in the face of increasing humanimpact on it is one of the greatest challenges of the modern era.
1.3 The importance of biodiversity
Biodiversity, and related policy decisions, are particularly important to local and indigenouscommunities in many parts of the world, as they are most directly dependent on biodiversity fortheir livelihoods, whether they are settled or nomadic, whether they live in villages or in familygroups. For many local and indigenous communities, many sites, species and ecosystems haveimportant spiritual significance as well. Local and indigenous peoples also possess a rich store oftraditional knowledge about how to conserve and sustainably use biodiversity. They suffer mostdirectly when the biodiversity they depend upon is destroyed or expropriated, and their traditionalknowledge is appropriated without their consent or eroded due to the pressures of “modern”economic and cultural development.
Unfortunately, local and indigenous peoples have generally been excluded from meaningfulparticipation in national and international decisions about biodiversity that have often painfullyaffected their lives, cultures and livelihoods. The CBD provides one important international forum,however, where their interests are better represented than in many other international processes.
Representatives of local and indigenous communities have increasingly participated in CBDmeetings over the past 16 years of the Convention’s life. But all too often, these representatives arenot equipped with adequate information about how CBD processes work, and as a result, theycannot participate as effectively as they might. This is not surprising, because the CBD process isvery complex and bureaucratic, filled with obscure acronyms and legalistic terminology, anddifficult to understand for any outsider.
1.4 History of the Convention on Biological Diversity
The importance of the challenge of sustaining biodiversity in the face of increasing human impactwas universally acknowledged at the Earth Summit held in Rio de Janeiro in 1992, where theConvention on Biological Diversity was opened for signature by national governments. Thislegally binding treaty was the first global agreement on the conservation and sustainable use of allcomponents of biodiversity, including genetic resources, species, and ecosystems. It was also thefirst to define biodiversity in the context of social, economic, and other environmental issues. TheConvention entered into force in 1993 and currently has 190 Parties (189 national governments andthe European Community), reflecting virtually universal participation.
In ratifying the Convention, the Parties have committed themselves, in general terms, toundertaking national and international measures aimed at achieving three explicit objectives: theconservation of biological diversity; the sustainable use of its components; and the equitablesharing of benefits arising out of the utilization of genetic resources. These three objectives aretranslated into binding commitments in the provisions contained in Articles 6 to 20.
Since 1992, Governments have collectively developed these commitments through decisions of theConference of the Parties (COP) –which is the Convention’s governing body –and taken stepsnecessary to translate the general provisions of the Convention into practical action. These
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measures have included, among other things, the adoption of programmes of work for a number ofthematic areas and cross-cutting issues, the issuance of specific guidance for funding of projectsthrough the financial mechanism established under the Convention, and the establishment ofvarious temporary (“ad hoc”) bodies to focus on the implementation of specific provisions of theConvention, such as those relating to genetic resources access and benefit-sharing, traditionalknowledge, and safety in biotechnology.
A central purpose of the CBD is to promote sustainable development, and the underlying principlesof the Convention are consistent with those of the other “Rio Agreements”(Agenda 21 and theUnited Nations Framework Convention on Climate Change (UNFCC)). The CBD stresses thatthe conservation of biological diversity is a common concern of humankind, but recognizes thatnations have sovereign rights over their own biological resources, and will need to address theoverriding priorities of economic and social development and the eradication of poverty.
The CBD recognizes that the causes of the loss of biodiversity are diffuse in nature, and mostlyarise as a secondary consequence of activities in economic sectors such as agriculture, forestry,fisheries, water supply, transportation, urban development, or energy, particularly activities thatfocus on deriving short-term benefits rather than long-term sustainability. Dealing with economicand institutional factors is therefore key to achieving the objectives of the Convention.
For the first time in an international legal instrument, the Convention recognizes the importance oftraditional knowledge–the wealth of knowledge, innovations and practices of indigenous and localcommunities that are relevant for the conservation and sustainable use of biological diversity(Articles 8(j) and 10(c) in particular). As a result of these provisions–and concerted advocacy byindigenous and local community representatives over the past decade –indigenous and localpeoples have created considerable political space to participate in and influence the CBD process.
II. Obligations on Parties to the Convention
The Convention’s provisions are expressed as overall goals and policies, with specific action forimplementation to be developed in accordance with the circumstances and capabilities of eachParty, rather than as hard and precise obligations. The Convention does not set any concretetargets, and there are no lists or annexes relating to particular sites or protected species; thus theresponsibility of determining how most of its provisions are to be implemented at the national levelfalls to the individual Parties themselves. The Convention constitutes a framework for action andprovides a menu of options for Parties to select. Most of the commitments of Parties under theConvention are qualified, and their implementation depends upon the particular nationalcircumstances and priorities of individual Parties, and the resources available to them.
2.1 Article 6: National strategies and plans
The implementation of the CBD requires mobilization of both information and resources at thenational level. As a first step, the CBD requires Parties to develop national strategies, plans orprogrammes for the conservation and sustainable use of biodiversity (NBSAPs), or to adaptexisting plans or programmes for this purpose (Article 6(a)). This obligation, and the obligation toprovide a national report, are the only two requirements in the Convention.
At the time of COP-8, 147 Parties (77 per cent of the total) had finalized their NBSAPs orequivalent reports.
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The CBD also requires Parties to mainstream biodiversity into relevant cross-sectoral plans,programmes and national policies (Article 6(b)). For more information on NBSAPs and nationalreports, see sections 5.1 and 5.3.
2.2 Article 7: Identification and monitoring of biodiversity
In contrast to some previous international or regional agreements on conservation, the CBD doesnot contain an internationally-agreed list of species or habitats subject to special measures ofprotection. This is in line with the country-focused approach of the Convention. Instead, theConvention requires Parties to identify for themselves components of biodiversity important forconservation and sustainable use (Article 7).
While it contains no lists, the Convention does indicate, in Annex I, the types of species andecosystems that Parties might consider for particular attention. These are:
a. Ecosystems and habitats:
with high diversity, large numbers of endemic or threatened species, or wilderness; required by migratory species;of social, economic, cultural or scientific importance; representative, unique or associated with key evolutionary or other biological processes.
b. Species and communities:
threatened;wild relatives of domesticated or cultivated species;of medicinal, agricultural or other economic value;of social, scientific or cultural importance;of importance for research into the conservation and sustainable use of biological diversity,
such as indicator species;
c. Described genomes or genes of social, scientific or economic importance
Parties are also required to monitor important components of biodiversity, and to identify processesor activities likely to have adverse effects on biodiversity. The development of indicators mayassist Parties in monitoring the status of biological diversity and the effects of measures taken forits conservation and sustainable use.
2.3 Article 8: In situ conservation
In-situ conservation is conservation within ecosystems and natural habitats or, in the case ofdomesticated or cultivated species, in the surroundings where they have developed theirdistinctive properties. The Convention addresses both in-situ and ex-situ conservation, but theemphasis is on in-situ conservation. Article 8 sets out a comprehensive framework for in-situconservation and a Party’s national biodiversity planning process should include consideration ofthe extent to which it currently addresses the following issues:
2.3.1 Protected areas
Parties should establish a system of protected areas or areas where special measures are required toconserve biological diversity, covering both marine and terrestrial areas. They are expected todevelop guidelines for the selection, establishment and management of these areas, and to enhance
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the protection of such areas by the environmentally sound and sustainable development of adjacentareas.
2.3.2 Regulation and management of biological resources
Parties should regulate or manage important components of biological diversity whether foundwithin protected areas or outside them. Legislation or other regulatory measures should thereforebe introduced or maintained to promote the protection of ecosystems, natural and semi-naturalhabitats and the maintenance of viable populations of species in natural surroundings.
2.3.3 Regulation and management of activities
Under Article 7, Parties should attempt to identify activities that may have negative impacts onbiological diversity. Where such activities have been identified, Article 8(l) obliges Parties to takesteps to manage them to reduce their impacts.
2.3.4 Rehabilitation and restoration
Parties should develop plans and management strategies for the rehabilitation and restoration ofdegraded ecosystems and the recovery of threatened species.
2.3.5 Alien species
Parties should prevent the introduction of, and control or eradicate alien species that threatenecosystems, habitats, or native species.
2.3.6 Living modified organisms
Parties should establish or maintain means to manage the risks associated with the use and releaseof living modified organisms (LMOs) resulting from biotechnology. An LMO is defined in theCartagena Protocol on Biosafety as any living organism that possesses a novel combination ofgenetic material obtained through the use of modern biotechnology. Parties are required to takeaction at the national level to ensure that LMOs do not cause adverse effects to biodiversity.
2.3.7 Traditional knowledge and practices
The Convention recognizes that indigenous and local communities embodying traditional lifestyleshave a crucial role to play in the conservation and sustainable use of biodiversity. In articles 8(j)and 10(c), it calls on Parties to respect, preserve and maintain the knowledge, innovations andpractices of indigenous and local communities and to encourage their customary uses of biologicalresources compatible with the conservation and sustainable use of these resources. By this, theConvention acknowledges the significance of traditional knowledge and practices, which should betaken into account in the implementation of all aspects of the Convention. To implement theseprovisions, the COP established an “Ad Hoc Open-Ended Working Group on Article 8(j) andRelated Provisions of the CBD,”which has met five times, most recently from 15 to 19 October2007 in Montreal, Canada, with significant participation by indigenous representatives.
The Akwé:Kon Guidelines were adopted at the COP-7 to guide the conduct of cultural,environmental and social impact assessments of developments proposed to take place on, or whichare likely to impact on, sacred sites and on lands and waters traditionally occupied or used byindigenous and local communities.
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2.4 Article 9: Ex situ conservation
Ex-situ conservation is the conservation of components of biodiversity outside of their naturalhabitats. The Convention requires Parties to adopt measures for the ex situ conservation ofcomponents of biodiversity, preferably in the country of origin of such components. Parties shouldadopt measures to: establish and maintain facilities for ex situ conservation of and research onplants, animals and micro-organisms; for the recovery and rehabilitation of threatened species andfor their reintroduction into their natural habitats; to regulate and manage collection of biologicalresources from natural habitats for ex situ conservation purposes so as not to threaten ecosystemsand in situ populations of species; and cooperate in providing financial and other support for ex situconservation and the establishment and maintenance of ex situ conservation facilities in developingcountries.
2.5 Article 10: Sustainable use
Although the term “conservation”has sometimes been taken to incorporate sustainable use ofresources, in the Convention the two terms appear side by side, and a specific Article of theConvention is devoted to sustainable use. This reflects the view of many countries during thenegotiation of the Convention that the importance of sustainable use of resources be accordedexplicit recognition. Sustainable use is defined in the Convention as: “the use of componentsof biological diversity in a way and at a rate that does not lead to the long-term decline ofbiological diversity, thereby maintaining its potential to meet the needs and aspirations ofpresent and future generations.”
The practical implications of this definition in terms of management are difficult to assess. Article10 does not suggest quantitative methods for establishing the sustainability of use, but sets out fivegeneral areas of activity: the need to (a) integrate conservation and sustainable use into nationaldecision-making; (b) avoid or minimize adverse impacts on biological diversity; (c) protect andencourage customary uses of biodiversity in accordance with traditional cultural practices; (d)support local populations to develop and implement remedial action in degraded areas; and (e)encourage cooperation between its governmental authorities and its private sector in developingmethods for sustainable use of biological resources.
Article 10(c) is particularly important for indigenous and local communities, calling on Parties to“protect and encourage customary use of biological resources in accordance with traditionalcultural practices that are compatible with conservation or sustainable use requirements.”
2.6 Articles 11-14: Measures to promote conservation and sustainable use
The CBD makes explicit reference to a number of additional policy and procedural measures topromote conservation and sustainable use. For example, it requires Parties to adopt economicallyand socially sound incentives for this purpose (Article 11). It also recognizes the importance ofpublic education and awareness to the effective implementation of the Convention (Article 13).Parties are therefore required to promote understanding of the importance of biodiversityconservation, and of the measures needed.
Research and training are critical to the implementation of almost every substantive obligation.Some deficit in human capacity exists in all countries, particularly so in developing countries. TheConvention requires Parties to establish relevant scientific and technical training programmes, topromote research contributing to conservation and sustainable use, and to cooperate in usingresearch results to develop and apply methods to achieve these goals (Article 12). Special attentionmust be given to supporting the research and training needs of developing countries, and this is
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explicitly linked to the provisions on access to and transfer of technology, technical and scientificcooperation and financial resources.
Parties are required to introduce appropriate impact assessment procedures for projects likely tohave significant adverse effects on biodiversity (Article 14). The CBD categorizes impactassessment in two ways: Environmental impact assessment is an assessment of the likelypositive and/or negative influence a particular project may have on the environment. Thepurpose of the assessment is to ensure that decision-makers consider environmental impacts beforedeciding whether to proceed with new projects. Strategic environmental assessment is a processof identifying and evaluating the environmental consequences of proposed policies to ensurethat they are fully integrated into plans and programmes. Legislation on impact assessmentgenerally includes a threshold for determining when an assessment will be required and proceduresfor carrying it out. In addition, Parties are required to consult with other States on activities undertheir jurisdiction and control that may negatively affect the biodiversity of other States, or areasbeyond national jurisdiction.
2.7 Articles 15-21: Access, Sharing and Benefits
These articles of the CBD include provisions on cooperation, on promoting access to the potentialbenefits resulting from the use of genetic resources, on access to and transfer of relevanttechnology, and on access to increased financial resources. The CBD gives developing countries anopportunity to derive financial and technical benefits from their biological resources, while theworld overall benefits from the goods and services that the biodiversity thus conserved willcontinue to provide. The extent to which these benefits materialize is likely to be crucial indetermining the long-term success of the Convention.
2.7.1 Access to genetic resources and benefit-sharing
Article 15, which contains the provisions regarding the use of genetic resources, reaffirms thesovereignty of Parties over their genetic resources and recognizes the authority of States todetermine access to those resources. While the Convention addresses sovereignty over resources, itdoes not address their ownership, which remains to be determined at the national level inaccordance with national legislation or practice. The three key elements of the frameworkpromoted by the Convention are:
the need to obtain the prior informed consent of the country of origin before obtainingaccess to resources;
the need for mutually agreed terms of access with the country of origin (and potentially withdirect providers of genetic resources such as individual holders or local communities); and
the importance of benefit-sharing; the obligation to share, in a fair and equitable way,benefits arising from the use of genetic resources with the Party that provides thoseresources.
How these elements can be implemented is elaborated in the Bonn Guidelines on Access andBenefit Sharing, which were adopted by COP-6 in 2002. Although the Bonn Guidelines arevoluntary, they provide important support for indigenous and local interests. One of the explicitobjectives of the Guidelines is “to contribute to the development by Parties of mechanisms andaccess and benefit-sharing regimes that recognize the protection of traditional knowledge,innovations and practices of indigenous and local communities, in accordance with domestic lawsand relevant international instruments.”
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The Bonn Guidelines also note that among the responsibilities of Parties that are countries of originof genetic resources are to: (a) “Seek to ensure that the commercialization and any other use ofgenetic resources should not prevent traditional use of genetic resources”; (b) “Establishmechanisms to ensure that their decisions are made available to relevant indigenous and localcommunities and relevant stakeholder, particularly indigenous and local communities”; and (c)“support measures, as appropriate, to enhance indigenous and local communities’capacity torepresent their interests fully at negotiations [concerning access to genetic resources].”
Users of genetic resources, should, under the Guidelines: (a) “respect customs, traditions, valuesand customary practices of indigenous and local communities”; (b) “respond to requests forinformation from indigenous and local communities”; and (c)“ensure the fair and equitable sharingof benefits….arising from the commercialization or other use of genetic resources, in conformity with the mutually agreed terms they established with the indigenous and local communities orstakeholders involved.”
2.7.2 Access to and transfer of technologies
Under CBD Article 16, Parties agree to share technologies relevant to the conservation ofbiological diversity and the sustainable use of its components, and technologies that make use ofgenetic resources. Technology transfer under the Convention therefore incorporates both“traditional”technologies and newer biotechnologies. Biotechnology is defined in the Conventionas “any technological application that uses biological systems, living organisms, or derivativesthereof, to make or modify products or processes for specific use.”
Technologies that make use of genetic resources are subject to special provisions aimed at allowingthe country of origin of the resources to share in the benefits arising out of the development of thesetechnologies. The Convention makes it a specific requirement that all Parties create a legislative,administrative or policy framework with the aim that such technologies are transferred, on mutuallyagreed terms, to those providing the genetic resources. This obligation extends to technologyprotected by patents and other intellectual property rights.
Article 16 provides that where relevant technology is subject to an intellectual property right suchas a patent, the transfer must be on terms that recognize and are consistent with the adequate andeffective protection of the property right. However, it also goes on to provide that Parties are tocooperate in ensuring that intellectual property rights are supportive of, and do not run counter to,the objectives of the Convention.
2.7.3 Knowledge-sharing
Articles 17 and 18 provide for global information exchange and cooperation on technical andscientific issues as they relate to the conservation and sustainable use of biodiversity. Article 18 inparticular calls for a clearing-house mechanism (CHM) to promote and facilitate this cooperation.For more information on the CHM, please see section 3.1.4.
The Global Taxonomy Initiative (GTI) is an example of a global knowledge-sharing programme.The GTI was established by the Convention to address the lack of taxonomic information (theidentification and classification of organisms) and of specialists in many parts of the world, asa means of improving decision making on matters relating to biodiversity. It was designed,among other things, to develop national, regional and sub-regional training programmes, and tostrengthen reference collections of specimens in countries of origin.
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2.7.4 Financial resources and mechanism
Articles 20 and 21 address the issue of the financial resources required to implement the provisionsof the Convention and the financial mechanism established to assist developing country Parties. AllParties undertake to provide financial support and incentives for implementation of the Conventionat the national level, in accordance with their capabilities. In addition, developed country Partiesagree to make available to developing country Parties new and additional financial resources tomeet“the agreed full incremental costs”of implementing measures to fulfil their CBD obligations.The key mechanism for delivering these incremental costs is the financial mechanism of theConvention, which is currently operated by the Global Environment Facility (GEF).
The Convention explicitly recognizes that the extent to which developing country Parties will beable to implement their obligations under the Convention will depend on the developed countryParties fulfilling their obligations to provide resources. The Convention also acknowledges thateconomic and social development remains the overriding priority of developing countries, and inthis regard recognizes the special circumstances and needs of the small island developing states.For more information on the financial mechanism and the GEF, please see section 3.1.5.
III. Structure and Operations of the Convention
3.1 Institutions of the CBD
The Convention establishes the standard institutional elements of a modern environmental treaty: agoverning body (the Conference of the Parties); a secretariat; a scientific advisory body; a clearing-house mechanism and a financial mechanism. Collectively, these translate the generalcommitments of the Convention into binding norms or guidelines, and assist Parties withimplementation.
3.1.1 The Conference of the Parties (COP)
The Convention establishes an institutional structure to monitor the implementation and the on-going development of the Convention. The Conference of the Parties is the governing body of theCBD process. It comprises all the Parties to the Convention and meets every two years, or asneeded, to review progress in the implementation of the Convention, consider amendments and theadoption of Protocols to the Convention, and adopt programmes of work to achieve its objectives. Itmay establish such subsidiary bodies as may be required. Meetings are also attended by observersrepresenting other governments (i.e. of countries that have not yet ratified the Convention) andinternational, non-governmental and community organizations, representatives of many sectors ofcivil society, including indigenous and local communities, academia and the private sector.
Although the CBD is an international treaty, responsibility for its implementation resides with eachParty at the national level. Thus the decisions of COP constitute guidance to Parties on how toproceed with their implementation of the Convention.
The COP has held eight ordinary meetings (see Box 1). It has also had an extraordinary meeting atwhich The Cartagena Protocol on Biosafety was adopted (which was held in two parts, January1999 in Cartagena, Colombia and January 2000 in Montreal, Canada).
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Box 1Previous Meetings of the Conference of the Parties (COP)
COP-1: The first meeting of the Conference of the Parties (Nassau, the Bahamas, November-December 1994) adopted decisions on: the medium-term work programme; designation of thepermanent Secretariat; establishment of the Clearing-House Mechanism (CHM) and the SubsidiaryBody on Scientific, Technical and Technological Advice (SBSTTA); and designation of the GlobalEnvironment Facility (GEF) as the interim financial mechanism.
COP-2: Major outcomes of the second meeting of the COP (Jakarta, Indonesia, November 1995)included: designation of Montreal, Canada, as the permanent location of the Secretariat;establishment of the Open-ended Ad Hoc Working Group on Biosafety; adoption of an overallprogramme of work for the Convention; and consideration of marine and coastal biodiversity.
COP-3: At its third meeting (Buenos Aires, Argentina, November 1996) the COP adopteddecisions on several topics, including: work programmes on agricultural and forest biodiversity; aMemorandum of Understanding with the GEF; an agreement to hold an inter-sessional workshopon Article 8(j) regarding traditional knowledge; an application by the Executive Secretary forobserver status to the World Trade Organization’s (WTO) Committee on Trade and theEnvironment; and a statement from the CBD to the Special Session of the UN General Assembly toreview implementation of Agenda 21.
COP-4: At its fourth meeting (Bratislava, Slovakia, May 1998) the COP adopted decisions on:inland water ecosystems; marine and coastal biodiversity; agricultural and forest biodiversity; theCHM’s pilot phase; Article 8(j) on traditional knowledge; national reports; cooperation with otheragreements, institutions and processes; activities of the GEF; incentive measures; access to geneticresources and benefit-sharing (ABS); public education and awareness; and the long-term workprogramme. A Ministerial Round Table was convened to discuss integrating biodiversity concernsinto sectoral activities, such as tourism, and private sector participation in implementing theConvention’s objectives.
COP-5: At its fifth meeting (Nairobi, Kenya, May 2000) the COP adopted decisions on: a workprogramme on dry and sub-humid lands; the ecosystem approach; access to genetic resources; alienspecies; sustainable use; biodiversity and tourism; incentive measures; the Global Strategy for PlantConservation; the Global Taxonomy Initiative (GTI); the CHM; financial resources andmechanism; identification, monitoring and assessment, and indicators; and impact assessment,liability and redress. COP-5 also included a high-level segment on the Cartagena Protocol onBiosafety, with a Ministerial Round Table and a special signing ceremony.
COP-6: The sixth meeting of the COP took place from 7-19 April 2002, in The Hague, theNetherlands. It adopted: a revised work programme for forest biodiversity; guiding principles foralien species; the Bonn Guidelines on ABS; and the CBD Strategic Plan. Its outcome also includeddecisions on: the Global Strategy for Plant Conservation; the GTI; the ecosystem approach;sustainable use; incentive measures; liability and redress; the CHM; financial resources andmechanism; cooperation with other conventions and international initiatives; a contribution to theten-year review of Agenda 21; and Article 8(j) on traditional knowledge. A high level segment onthe World Summit on Sustainable Development, including a Ministerial Round Table and a multi-stakeholder dialogue, were convened during the meeting.
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COP-7: The seventh meeting of the COP (Kuala Lumpur, Malaysia, February 2004) adoptedprogrammes of work on mountain biodiversity, protected areas, transfer of technology andscientific and technical cooperation. It called upon the Working Group on Access and BenefitSharing to start negotiations towards an international regime of access to genetic resources andbenefit sharing. COP-7 also adopted a series of other important decisions, including: goals andindicators for reviewing implementation of the Convention, its Strategic Plan and progress towardsachieving the 2010 target of significantly reducing the rate of loss of biological diversity; theAkwé:Kon guidelines for the conduct of cultural, environmental and social impacts of proposeddevelopments likely to impact lands and waters traditionally occupied or used by indigenous orlocal communities; the Addis Ababa Principles and Guidelines for the Sustainable Use ofBiodiversity; decisions on communication, education and public awareness; incentive measures,inland waters, and marine and coastal biodiversity. A Ministerial Segment focused on access andbenefit sharing, transfer of technology and scientific assessments.
COP-8: The eighth Conference of the Parties (20-31 March 2006, in Curitiba, Brazil) adopted 36decisions on a range of priority issues, including: island biodiversity; biodiversity of dry and sub-humid lands; the Global Taxonomy Initiative (GTI); access and benefit-sharing (ABS); Article 8(j)and related provisions (traditional knowledge); and communication, education and publicawareness (CEPA). Participants also addressed strategic issues for evaluating progress orsupporting implementation, including: progress toward implementation of the Convention and itsStrategic Plan; implications of the findings of the Millennium Ecosystem Assessment (MA); reviewof the effectiveness and impacts of the Convention bodies, processes and mechanisms; scientificand technical cooperation and the Clearing-House Mechanism (CHM); technology transfer andcooperation; and cooperation with other conventions and private sector engagement. Other issuesaddressed were: financial resources and the financial mechanism; forest, inland water, marine andcoastal, and agricultural biodiversity; protected areas (PAs); incentive measures; invasive alienspecies (IAS); impact assessment; liability and redress; and biodiversity and climate change.
3.1.2 Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA)
The Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) is theprincipal subsidiary body of the COP. It is constituted by government representatives with relevantspecialist expertise, as well as observers from non-Party governments, the scientific community andother relevant organizations. Its mandate is to provide assessments of the status of biologicaldiversity, assessments of the types of measures taken in accordance with the provisions of theConvention, and advice on any questions that the COP may put to it. SBSTTA has met 13 times(See Box 2).
As the scope and workload of the CBD’s programme of work has expanded, SBSTTA has taken onan increasingly important role in carrying out preparatory negotiations in advance of meetings ofthe COP. Indeed, a great deal of SBSTTA’s work now consists of negotiating the text of draftdecisions to be put before the COP. As a result, SBSTTA has come under criticism for havingbecome more of a political than a technical body, with really substantive technical work delegatedto both the Secretariat and a range of ad hoc technical expert groups (AHTEG) and workinggroups.
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Box 2Previous Meetings of the SBSTTA
SBSTTA-1: SBSTTA-1 (Paris, France, September 1995) produced recommendations on:SBSTTA’s method of operations; components of biodiversity under threat; access to and transfer oftechnology; scientific and technical information to be contained in national reports; contributions tothe UN Food and Agriculture Organization (FAO) meetings on plant genetic resources for food andagriculture; and marine and coastal biodiversity. SBSTTA-1 requested flexibility to create: twoopen-ended working groups to meet simultaneously during future SBSTTA meetings; ad hoctechnical panels of experts as needed; and a roster of experts.
SBSTTA-2: SBSTTA-2 (Montreal, Canada, September 1996) produced recommendations on:monitoring and assessment of biodiversity; approaches to taxonomy; economic valuation ofbiodiversity; access to genetic resources; agricultural biodiversity; terrestrial biodiversity; marineand coastal biodiversity; biosafety; and the CHM.
SBSTTA-3: At SBSTTA-3, (Montreal, Canada, September 1997) delegates considered theimplementation of the CHM’s pilot phase, and formulated recommendations on: biodiversity ininland waters; marine and coastal biodiversity; agricultural biodiversity; forest biodiversity;biodiversity indicators; and participation of developing countries in the SBSTTA.
SBSTTA-4: During its fourth meeting (Montreal, Canada, June 1999), SBSTTA delegates maderecommendations on: SBSTTA’s work programme; the GTI; guiding principles to prevent theimpact of alien species; control of plant gene expression; sustainable use of terrestrial biodiversity;incorporation of biodiversity into impact assessment, and approaches and practices for sustainableuse of biological resources, including tourism.
SBSTTA-5: The SBSTTA’s fifth session (Montreal, Canada, January-February 2000) includedrecommendations on: inland water biodiversity; forest biodiversity; agricultural biodiversity;marine and coastal biodiversity, including coral bleaching; a programme of work on dry and sub-humid lands; alien species; the ecosystem approach; indicators; the pilot phase of the CHM; thesecond national reports; and ad hoc technical expert groups.
SBSTTA-6: The sixth meeting of the SBSTTA (Montreal, Canada, March 2001) featured astreamlined agenda with a focus on invasive alien species and emphasis on providing backgroundinformation through presentations, side events, round tables and additional documentation.Recommendations were adopted on: ad hoc technical expert groups; marine and coastalbiodiversity; inland water ecosystems; invasive alien species; scientific assessments; the GTI;biodiversity and climate change; and migratory species.
SBSTTA-7: The seventh session of SBSTTA (Montreal, Canada, November 2001) focused onforest biodiversity and its draft work programme, while also producing recommendations on:agricultural biodiversity, including the International Pollinators Initiative; the Global Strategy forPlant Conservation; incentive measures; indicators; and impact assessment.
SBSTTA-8: The eighth meeting of SBSTTA (Montreal, Canada, March 2003) focused on draftinga programme of work on mountain biodiversity, and also adopted recommendations on: inlandwaters; marine and coastal biodiversity; dry and sub-humid lands; biodiversity and tourism; andSBSTTA operations.
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SBSTTA-9: The ninth meeting of SBSTTA (Montreal, Canada, November 2003) producedrecommendations on protected areas; technology transfer and cooperation; genetic use restrictiontechnologies; biodiversity and climate change; monitoring and indicators; the Global TaxonomyInitiative; the integration of outcome-oriented targets into the CBD’s programmes of work;outcome-oriented targets for the Global Strategy on Plant Conservation; mountain biodiversity;sustainable use; perverse incentives; invasive alien species; and guidelines for implementing theecosystem approach.
SBSTTA-10: The 10th meeting of SBSTTA (Bangkok, Thailand, February 2005) developed awork programme on island biodiversity, and confirmed the suitability of various indicators for anassessment of progress toward the 2010 target to significantly reduce the current rate ofbiodiversity loss at the global level. It also adopted recommendations on: the integration of globaloutcome-oriented targets into the Convention’s work programmes; steps for the review ofimplementation of the Global Taxonomy Initiative (GTI) programme of work; options for a cross-cutting initiative on biodiversity for food and nutrition; and proposals for the application of waysand means to remove or mitigate perverse incentives. SBSTTA-10 also adopted terms of referencefor an ad hoc technical expert group on Biodiversity and Climate Change and transmitted itscomments on the report of the AHTEG on genetic use restriction technologies (GURTs) to theArticle 8(j) (traditional knowledge) Working Group, and recommended that the COP determine thescope of the mandate of the CBD’s bodies in relation to GURTs.
SBSTTA-11: The 11th meeting of SBSTTA (Montreal, Canada, November-December 2005)adopted 14 recommendations to be transmitted to COP-8 in Curitiba in March 2006. As part of thepreparatory process of COP-8, SBSTTA-11 considered a wide range of strategic, scientific andtechnical questions relating to the implementation of the Convention, with special attention given tothe biodiversity of arid and sub-humid regions and the Global Taxonomy Initiative (GTI). It refinedthe goals and targets adopted by COP-7 in respect of access to genetic resources and benefitsharing, and provided guidance on the sustainable use of biodiversity and the promotion ofsynergies between activities relating to biodiversity, climate change, and land degradation anddesertification. Discussions on the outcomes of the Millennium Ecosystem Assessment and thesecond Global Biodiversity Outlook further consolidated the scientific basis for the implementationof the Convention. On the other hand, discussions on marine and coastal biodiversity, access andbenefit sharing, and alien invasive species proved difficult and, as a result, brackets remained insome of the recommendations. Many believed this to be the result of the political concernsunderlying these issues, including those relating to issues of sovereignty over natural resources,trade and genetic resources. These issues posed serious challenges that SBSTTA was obliged toface, leading many to question whether a scientific and technical body should have included suchhighly politicized items in the agenda of the meeting.
SBSTTA-12: The 12th meeting of the SBSTTA (Paris, France, July 2007) focused on theapplication of the ecosystem approach and the implementation of the Global Strategy for PlantConservation, as well as on a variety of strategic issues for evaluating the Convention’s progress.The body adopted a total of eight recommendations for COP-9, which focused on: the applicationof the ecosystem approach; the implementation of the Global Strategy For Plant Conservation; thefindings of the Millennium Ecosystem Assessment; lessons from the preparation of the secondedition of the Global Biodiversity Outlook; integrating climate change into the Convention’sprogramme of work; proposals for land-use options that promote biodiversity and generate incomefor indigenous and local communities, particularly within dry and sub-humid lands; biodiversityand biofuel production; and the process to elaborate the procedure for emerging issues.
SBSTTA-13: The parties at the 13th meeting of the SBSTTA (Rome, Italy, February 2008)conducted in-depth reviews of the agricultural biodiversity and the forest biodiversity programmes
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of work. They also looked at a series of scientific and technical issues related to the 2010biodiversity target, including on marine and coastal biodiversity, inland water ecosystems, invasivealien species, climate change and methods for dealing with new and emerging issues. They adoptedrecommendations for COP-9 on all these items.
3.1.3 Secretariat
The CBD Secretariat is provided by the United Nations Environment Programme (UNEP) and islocated in Montreal, Canada. The principal functions of the Secretariat are to prepare for andservice meetings of the COP and other subsidiary bodies of the Convention, and to coordinate withother international bodies. As a practical matter, a great deal of the Secretariat’s time is devoted topreparing the increasing load of documentation for meetings of the COP and its subsidiary bodies,work that requires considerable substantive as well as procedural expertise. In any given year, theSecretariat must organize dozens of international meetings –ranging from relatively small expertsmeetings to the massive, two-week meetings of the COP –and prepare hundreds of papers. Tofacilitate its work, the Secretariat has developed partnerships with a wide variety of UN agencies,environmental conventions and non-governmental organizations to provide technical input andassistance.
3.1.4 Clearing-House Mechanism (CHM)
As mentioned in section 2.7.3, Article 18 of the Convention provides for the establishment of aclearing-house mechanism (CHM), a collaborating network of partners to promote and facilitatetechnical and scientific cooperation. Following a pilot phase of the clearing-house mechanism thattook place from 1996 to 1998, the COP approved a clearing-house mechanism strategic plan and aprogramme of work until 2004. At the COP-8 in Curitiba, Brazil, in 2006, a strategic plan for theCHM was adopted for 2005-2010. This plan will be discussed again at the COP-9 in Bonn. Formore information on the CHM, visit www.cbd.int/chm/.
3.1.5 Financial Mechanism
As mentioned in section 2.74, Article 21 of the Convention provides for a financial mechanism forthe provision of resources to developing countries for the purposes of implementing its provisions.The mechanism is operated by the GEF and functions under the authority and guidance of the COP.GEF activities are implemented by the United Nations Development Programme (UNDP), UNEPand the World Bank.
Under the provisions of the CBD, developed country Parties undertake to provide “new andadditional financial resources to enable developing country Parties to meet the agreed fullincremental cost of implementing the obligations of the Convention”(Article 20) and, in addition tothe provision of resources through the GEF, these Parties may also provide financial resourcesthrough bilateral and multilateral channels. At its first meeting, the COP adopted comprehensiveguidelines for the financial mechanism, which have been refined and augmented at each of thesubsequent meetings of the COP.
The GEF reports to each meeting of the COP. Between 1991 and 2006, $2.2 billion (all figures US)was provided in grants from the GEF Trust Fund for biological diversity activities, complementedby $5.17 billion in co-financing, for a total of $7.3 billion. The GEF is currently almost halfwaythrough its fourth replenishment period (2007-2010). Its programming target for 2009-2010 is$678.4 million.
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The GEF biodiversity portfolio is made up of four strategic priorities that support the work of theCBD: catalyzing the sustainability of protected areas, integrating biodiversity into productivelandscapes and sectors, safeguarding biodiversity and building capacity on access and benefitsharing. The strategic programs of the fourth replenishment of the GEF include: sustainablefinancing of protected areas at the national level; increasing representation of effectively managedmarine protected areas; strengthening terrestrial protected area networks; strengthening the policyand regulatory framework for mainstreaming biodiversity; fostering markets for biodiversity goodsand services; building capacity for the implementation of the Cartagena Protocol on Biosafety;controlling invasive alien species; and building capacity on access and benefit sharing.
3.1.6 Other Bodies and Meetings
The COP can establish inter-sessional bodies and meetings to carry out work and provide advicebetween the biannual meetings of the COP. Examples of such bodies include:
Ad Hoc Working Groups on Biosafety, Article 8(j) and Related Provisions, and Access andBenefit-Sharing;
Ad Hoc Technical Expert Groups (AHTEGs), Liaison Groups and international technicalmeetings on a wide variety of topics;
The Inter-sessional Meeting on the Operations of the Convention (ISOC) and the Multi-YearProgramme of Work (MYPOW).
All such bodies report to the COP or to SBSTTA, depending on the nature of the body and theCOP’s instructions.
Implementation of the Convention is also supported by working groups, meetings and activitiesoutside the formal Convention process. These can be organized in conjunction with the Secretariatand Parties, or outside the structure of the Convention. Examples can include expert meetings,regional and sub-regional preparatory meetings for COP, side events during COP and SBSTTAmeetings, and initiatives such as the GTI.
3.1.7 Cartagena Protocol on Biosafety
The sole existing protocol to the Convention is the Cartagena Protocol on Biosafety. Biosafetymeans the safe transfer, handling and use of any living modified organism resulting frombiotechnology that may have an adverse effect on the conservation and sustainable use of biologicaldiversity. In the context of the Protocol, this also includes taking into account risks to humanhealth. The specific focus of the Protocol is on transboundary movements –the movement ofLMOs from one country to another.
The Cartagena Protocol on Biosafety was adopted by the Conference of the Parties in 2000 andentered into force in September 2002. The aim of the Protocol is to protect biodiversity frompotential risks arising from living modified organisms (LMOs) resulting from modernbiotechnology. It establishes procedures to guarantee that countries receive the informationnecessary to take informed decisions on whether to permit the import of such organisms into theirterritory (the ‘advanced informed agreement procedure’). The Protocol is a pioneer in its practicalapplication of the precautionary approach: the idea that the lack of clear scientific certainty is not areason to not take measures to avoid potential risks. The Protocol also has the potential to make areal contribution to the transfer of technology and to access to information by developing countries.
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The Conference of the Parties to the Convention also acts as the Meeting of the Parties to theProtocol, and the Secretariat and the Financial Mechanism undertake the same functions in relationto the Protocol. The Protocol is supported by a Biosafety Clearing House, established to facilitatethe exchange of information on living modified organisms and to assist countries withimplementing the Protocol. The Protocol currently has 147 Parties and the next Meeting of theParties (MOP-4) will be held in Bonn from 12 to 16 May 2008, the week before COP-9.
3.2 Decision-making process
Collectively these bodies work together to develop the provisions of the Convention. Theprogramme of work identifies when a topic is to be considered in detail. Progress on issuesrequires the collection of accurate and reliable information from Parties. Articles 23, 24 and 25indicate the types of information required, including preliminary rapid assessments, indicators andcriteria, human impacts and ways and means to minimize negative influences. Information isprovided by Parties through national and thematic reports, which have been standardized intocommon formats. This allows for analysis and comparison to be made, which in turn allows for theidentification of priorities.
The Secretariat prepares a preliminary synthesis of the information provided by Parties forconsideration by the appropriate body of the CBD. The Secretariat also draws on other sourcessuch as the latest literature on the topic to supplement the information provided by Parties and toprovide the context or background to the issue. The Secretariat often uses small groups of expertsto assists with the preliminary synthesis. The two main types of groups it uses for these purposesare liaison groups and ad hoc technical experts groups. Liaison groups tend to be composed ofrepresentatives of partners organizations, mostly intergovernmental organizations. Ad hoctechnical experts groups (AHTEGs) are composed of government nominated experts. AHTEGs areestablished by SBSTTA and as a result report directly to SBSTTA.
The appropriate subsidiary body considers the papers prepared by the Secretariat and relevanttechnical panels or groups. This information is contained in the official documents of the meeting.Other information from unofficial sources is also made available to the meeting. SBSTTA is theonly permanent subsidiary body of the Convention and deals with the scientifically-orientedmatters. “Non-scientific”issues such as access and benefit sharing or traditional knowledge aredealt with by other ad hoc bodies. All subsidiary bodies provide their advice to COP in the form ofrecommendations. Reports of SBSTTA and other subsidiary bodies generally consist of two parts–a formal report of the proceedings of the meeting, and the actual draft decisions beingrecommended to the SBSTTA or COP.
COP adopts decisions based on these recommendations, particularly the recommended draftdecisions. Most of its decisions to date have been to establish a programme to consider and furtherdevelop particular issues. These programmes tend to be quite elaborate and long term. Theyusually establish a vision for future work and identify the types of products which the programmeshould be working towards, a timetable for those products and the means to achieve these goals.Periodically, SBSTTA and COP review implementation of these work programmes.
The outputs produced under these work programmes include: (a) manuals of best practice; (b)guidelines; (c) codes of conduct; (d) guidance for the institutions of the Convention; (e) criteria; (f)indicators; (g) standards/labelling; and (h) protocols.
Only decisions of the Conference of the Parties have any legal significance –recommendations ofsubsidiary bodies are only of significance for the subsidiary body and the Secretariat.
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3.3 COP procedures, management and documents
The conduct and management of CBD meetings of all types are governed by the rules of procedure.These are contained in COP decision I/1 and cover things such as the setting of the agenda,representation and credentials, officers of the meeting, conduct of business and voting. As a result,most CBD meetings follow similar types of procedures, with meetings of the COP being the mostimportant and complex.
3.3.1 The Plenary
In order to improve efficiency, meetings of the COP are organized into various different groups.The largest and most important is the Plenary. The Plenary is chaired by the President of themeeting. The meeting of the COP in plenary decides upon organizational matters, such as theelection of officers, considers the reports of subsidiary bodies, and adopts the report of the meetingalong with the decisions taken. The meeting in Plenary is also directly responsible for thenegotiation of the budget and any “pending issues,”which refers to those issues that were notdecided at the previous meeting.
The COP usually only meets in Plenary at the beginning and end of COP meetings, although itsometimes briefly convenes to review progress in the Working Groups (discussed below). Thepresent agenda for COP-9, for example, has the COP plenary meeting only on the morning of thefirst day, a day and a half at the end of the meeting, and one afternoon mid-way through themeeting for a review of progress.
3.3.2 Working Groups
The main work of the COP is carried out in two parallel Working Groups, each of which takes up aspecific set of issues on the agenda. This mechanism is where most of the agenda items are takenup and where Parties develop draft decisions for consideration in the final Plenary. Typically anitem is introduced by the Secretariat highlighting the relevant document(s) for the item. ThenParties, followed by observers, make introductory interventions.
If there is general agreement on an issue the chair of the working group will then propose a drafttext that represents the various views expressed. If there are important differences in the viewsexpressed then the chair will use an informal negotiating process, usually called a “contact group”or“friends of the chair”group.
3.3.3 Contact groups and “friends of the chair”
Contact groups are generally established for issues where many Parties have intervened, there aresignificant differences, and the chair believes there will be significant participation in informalnegotiations. “Friends of the Chair”groups are generally used for issues where the differencesexpressed were not so great, or where fewer Parties express interest in negotiating the issue.
There is no legal difference between the two mechanisms as both are informal and both areestablished by the chair. Even though these mechanisms are informal, most of the negotiation atCOP meetings takes place in these informal groups, and it is in these arenas that most of the text ofdecisions is developed and agreed.
The chair may decide whether a contact or friends of the chair group is “open-ended”(open to allParties who wish to participate) or restricted to certain parties, or that decision may be left to theindividual or individuals that the chair asks to chair the informal group. In some cases, the Working
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Group chair may appoint two co-chairs for a contact group, one from a developed country and onefrom a developing country. As a general matter, the COP process has been fairly relaxed aboutallowing open-ended attendance in contact groups, and chairs have been generally relaxed aboutallowing interventions from NGOs, indigenous representatives, and other observers –particularlywhere observers make useful suggestions that move the negotiations forward.
The COP plenary and Working Groups meet Monday-Friday from 10:00-13:00 and 15:00-18:00,with simultaneous interpretation provided in all six official UN languages (Arabic, Chinese,English, French, Russian and Spanish). Contact groups, regional group meetings, and otherinformal meetings generally meet outside of these hours, either early in the morning, during thelunch break, or in the evening, without benefit of interpretation. Contact groups on contentiousissues have often extended late into the evening at previous COPs.
3.3.4 The High-Level Segment of the COP
In addition to the main meeting there are usually many satellite or side meetings. The mostimportant of these satellite meetings is the High-level or Ministerial Segment, where Ministersmeet together to consider some of the key political issues on the agenda of the COP. TheMinisterial Segment is organized and hosted by the host government, which also chooses the issuesfor discussion. At COP-9, the high-level segment will take place from 28-30 May and will bepresided by Sigmar Gabriel, the German Federal Minister for the Environment, NatureConservation and Nuclear Safety.
The high-level segment focuses on international and global issues as they relate to implementationof the Convention and the inter-connections between the CBD and other key international regimes.The background to the discussions at COP-9 will be the issues for in-depth consideration (seesection 6.2.1 for full details) and the urgency of action to meet the 2010 biodiversity target (seesection 6.3). German Minister Sigmar Gabriel has invited the Ministers of the CBD Parties toannounce concrete commitments in Bonn that are quantifiable as far as possible, particularly in theareas of new protected areas (number and size), certified management of forests and agriculturaland marine ecosystems; and instruments for access to genetic resources and equitable benefitsharing.
3.3.5 Side events and parallel events at the COP
Side events are a programme of seminars, debates and presentations that are officially part of theCOP, and are the responsibility of the CBD Secretariat. These numerous events are organizedand/or hosted by the COP host country, the CBD Secretariat, Parties, international organizations,NGOs, the private sector or indigenous communities. They take place during the course of theCOP, either during the lunch interval (between 13:00 and 15:00 hours) or in the evening, after theclosure of the official sessions at 18:00 hours. As they take place in rooms within the meetingvenue, they are accessible only to those who are registered for the MOP or the COP (delegates orobservers).
Side events address issues linked to the implementation of the Convention and have a supra-national focus. They provide good outreach and networking opportunities, the chance to addressscientific and political questions and exchange views, and a chance to demonstrate projects or otherexperiences relating to implementation of the CBD. Many members of official COP delegationsand other participants will attend. While they may appear to be informal social events enlivened bylight refreshments and drinks, they are in fact a key venue for gathering information on countries’positions and for informal negotiations.
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Parallel events are not officially part of the COP. They include such events as the regionalpreparatory meetings prior to the actual meeting itself. For a list of the parallel events happeningthis year at the COP-9, see section 7.6.
3.3.6 COP governance: The president and the bureau
There are numerous official bodies and officers that provide for the governance of COP meetings.The most important of these is the President. In the past, this post has generally been held by theMinister of Environment from the host government. He or she acts in this capacity as an official ofthe meeting and no longer participates in the meeting as a representative of his or her particulargovernment. The President opens and closes meeting, determines the order of speakers, and ruleson Points of Order.
The President relies upon the Bureau to help manage the meeting. The Bureau is made up of 10Parties (“Vice-Presidents”) plus the President. Each UN Region elects two representatives to theBureau. In practice, the Bureau plays a similar role to an executive board. The Rapporteur of themeeting is the member of Bureau who is responsible for preparing the report. He or she dischargesthis function with the assistance of the Secretariat.
The Bureau has met regularly since COP-8, most recently in February 2008 in Rome, Italy. It willmeet again daily during COP-9, and another 10 Parties, two from each of the five UN regions, willbe elected to serve on the Bureau from the end of COP-9 until the end of COP-10 in 2010.
The term of office of the President of COP-8, Minister Marina Silva of Brazil, will end at theopening session of COP-9, when Minister Sigmar Gabriel will be elected President of COP-9.
3.3.7 Types of COP participants
There are various types of participants in COP meetings. The key ones are Parties, because it isthey at the end of the meeting that adopt the report and its decisions. Since the relevant rules ofprocedure that would allow for voting have not been adopted yet by the COP, COP decisions aretaken by consensus of the Parties. All delegates of Parties need to prove that they have been dulyappointed by their government. This is done by presenting their “credentials”. Credentials areissued by the Head of State or Government or by the Minister for Foreign Affairs and reviewed bythe Bureau to ensure that are in order and comply with the rules of procedure.
Parties operate in many different groups. The official groups recognized in the rules of procedureare the UN Regional Groups (Africa, Asia, CEE, GRULAC and WEOG). Some of the other activegroupings in the CBD processes are: G77+China; the Japan, US, Canada, Australia and NewZealand Grouping (JUSCANZ); the European Union (EU); the Association of Small IslandStates (AOSIS); and the Group of Like-minded Megadiverse Countries (LMMC), a group of17 biodiversity-rich countries. Particularly in the COP setting, where many issues are beingnegotiated simultaneously and many smaller delegations do not have the capacity to formulate theirown detailed positions on each issue, the positions of regional groupings are very important.Regional groupings generally establish their initial positions in regional preparatory meetings helda month or two before the COP. At the COP, more detailed group positions and negotiatingstrategies are worked out in closed meetings of the relevant group, held outside of formal COPhours.
The term“observers”usually refers to governments who have not become Parties, but also includesother types of participants. These other participants are categorized by the Secretariat as UN
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bodies, inter-governmental organizations (IGOs), non-governmental organizations (NGOs),indigenous communities and academic institutions.
Participants can be identified by the colour of their badge: Green (Parties); Orange (non-Partygovernments); Beige (Secretariat); Blue (UN Agencies); Yellow (IntergovernmentalOrganizations); Pink (NGOs); Orange (Indigenous Communities)1.
3.3.8 COP documents
The COP considers each item of the agenda on the basis of the documents before the meeting.There are five basic classes of documentation. The first is the official documents of the meeting(known as ‘pre-session documents’). These are prepared by the Executive Secretary. They aredenoted by the code UNEP/CBD/COP/9/#. One is prepared for each item of the agenda. Additionalor supplementary information is sometime presented in a document whose number isUNEP/CBD/COP/9/#/Add#. Sometimes a revised version of a document is distributed with thenumber UNEP/CBD/COP/9/#/Rev#. The pre-session documents for COP-9 are available on theCBD website at http://www.cbd.int/COP-9/doc/ . There are 95 documents, including officialdocuments, information documents, notifications and others. The total volume of documents to bestudied by delegates as the basis for the discussions thus runs to several hundred pages and this canrepresent a difficult burden for those countries with small delegations.
These official documents provide the reason for the matter being on the agenda, a synthesis ofviews submitted on the item, other relevant information and where appropriate draft elements of adecision. The documents are presented in the six UN languages.
Another important set of documents are the draft decisions and draft reports produced during theprocess of the COP meeting. These include“L”(Limited) documents, which are given a number,are translated, are referred to in the final report of the COP and represent the final version of a text.Conference Room Paper (CRP) documents are also given a number and translated, but are notreferred to in the final COP report, since they are only near-final versions of draft decisions. Nextthere is the chair’s text. These are not given a number code, are not translated and are legallyconsidered“non-documents”or“non-papers.”
“Information”documents are officially provided to the COP by the Secretariat, and are generallyeither background information on particular topics gathered by the Secretariat, reports of subsidiarybodies such as expert panels, or documents officially submitted by Parties and observers. Whilenot officially discussed in the COP, Information documents often provide important backgroundinformation and, in some cases, illuminate the views of Parties on particular issues before the COP.Information documents are numbered as UNEP/CBD/COP/9/INF.#, but are not translated unlessthe translation is done by the Party or observer providing the document.
In order to save money and cut back on paper waste, and as the amount of papers and people atCOP meetings has grown, the Secretariat has stopped printing large numbers of the officialdocuments. Participants should bring their own copies for the meeting, including the informationdocuments. Only one set of documents will be provided per country delegation.
CD-ROMs with the pre-session documents, in the six United Nations official languages, and theinformation documents, will also be made available to delegates and participating organizationswho wish to reproduce on site, at their own expense, additional copies. The CD-ROMs will be
1 Curiously, the badge colors for indigenous communities and non-Party governments have been almost identical atpast CBD meetings–two very similar shades of orange.
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available at the Documentation Counter. Participants can also access the CBD website at the CyberCafé.
In addition to the official documents prepared by the Secretariat, observers generally distributeunofficial documents at COP meetings. These are generally displayed on tables outside of theprincipal meeting rooms.
Perhaps the most read of these informal documents are the daily bulletins prepared by theInternational Institute for Sustainable Development’s (IISD) Earth Negotiations Bulletin, a non-partisan reporting service which provides a succinct daily summary of the negotiations the previousday, as well as photos and audio and video footage on their website at www.iisd.ca . The dailybulletins are produced in English, French and Spanish, and are generally distributed at the officialdocuments desk as well as outside the meeting rooms. They are also available on the website.
In order to follow the discussions, perhaps the three most important documents for COP-9 are:
Document UNEP/CBD/COP/9/1 –“Provisional Agenda.”This document provides a brief, two-page summary of the meeting agenda.
Document UNEP/CBD/COP/9/1/Add.1/Rev.1 –“Annotations to the Provisional Agenda.”This document explains the background to each item on the agenda, references the officialdocuments to be considered for each issue, and reviews the meetings and reports that have beenconsidered since COP-8. This annotated agenda also includes a list of the documents that will beconsidered at COP-9, and an “organization of work,”which explains which working groups will beaddressing each issue on specific days during the COP. (Note that this document has been revised.The latest organization of work can be found in documentUNEP/CBD/COP/9/1/Add.1/Rev.1/Corr.1.)
The thematic document for each agenda item indicates the type of decisions that are expected at theconference, which ranges from merely “noting progress” on an issue to taking very important and substantive decisions, such as establishing a work program.
Document UNEP/CBD/COP/9/1/ADD2 –“Draft Decisions for the Ninth Meeting of theConference of the Parties to the Convention on Biological Diversity.”This document lists thedraft decisions that have been proposed by: the 12th and 13th meetings of SBSTTA; the secondmeeting of the Ad Hoc Open-ended Working Group on the Review of Implementation of theConvention; the fifth and sixth meetings of the Ad Hoc Open-ended Working Group on Access andBenefit-sharing; the fifth meeting of the Ad Hoc Open-ended Working Group on Article 8(j) andRelated Provisions; and the second meeting of the Ad Hoc Open-ended Working Group onProtected Areas. For more information on these issues and decisions, see section 6.2.
IV. Framework of the Convention
The work of the COP has been organized into programmes of work that identify priorities forfuture periods. The first programme of work (1995-1997) focused on developing the proceduresand methods of operating of the institutions, determining priorities, supporting national biodiversitystrategies, and developing guidance to the financial mechanism. Implementation of this programmeof work also saw the evolution of a process for the development of COP decisions and theapplication of the general principles of the Convention to specific thematic areas and cross-cuttingissues. In addition, at its second meeting, the COP decided that the ecosystem approach should be
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the primary framework of action to be taken under the Convention. This view has been reiteratedin subsequent decisions of the COP.
The current programme of work (2006-2010) includes ongoing assessments (at COP-8, COP-9 andCOP-10) of the state of progress in achieving the goals of the Strategic Plan and progress towardthe 2010 Biodiversity Target and the relevant Millennium Development Goals.
4.1 Thematic Programmes of Work
Since the entry into force of the Convention, Parties have developed seven thematic programmes ofwork. Each of these lays out a vision and basic principles to guide future work, identifies potentialresults, and suggests a timetable and means to achieve the outcomes (see Table 1). The Parties, theSecretariat and relevant organizations contribute to the implementation of the thematic programmesof work, which are periodically reviewed by COP and by SBSTTA.
Agricultural biodiversity Dry and sub-humid lands biodiversity Forest biodiversity Inland waters biodiversity Island biodiversity Marine and coastal biodiversity Mountain biodiversity
Each thematic programme establishes basic principles to guide future work; sets out key issues forconsideration; identifies potential outputs; and suggests a timetable and means for achieving theseoutputs. COP and SBSTTA periodically review implementation of the work programmes provided.It is intended that implementation of the work programmes will involve contributions from Parties,the Secretariat, relevant intergovernmental organizations and other organizations, including NGOs.
4.2 Cross-Cutting Issues
The COP has explicitly directed that the consideration of certain cross-cutting issues should beintegrated into the thematic work programmes. Essentially these correspond to the issues addressedin the Convention’s substantive provisions in Articles 6-20. The current cross-cutting issuesinclude the following:
2010 Biodiversity Target Access to Genetic Resources and Benefit-Sharing (ABS) Climate change and biodiversity Communication, Education and Public Awareness (CEPA) Economics, trade and incentive measures Ecosystem approach Global strategy for Plant Conservation (GSPC) Global Taxonomy Initiative (GTI) Impact Assessment (IA) Identification, monitoring, indicators and assessments Invasive Alien Species Liability and redress Protected areas Sustainable use of biodiversity Technology transfer and cooperation
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Tourism and biodiversity Traditional knowledge, innovations and practices
Some cross-cutting initiatives directly support work under thematic programmes, such as the workon indicators. Others develop discrete products, which in some instances are quite separate from thethematic programmes –for example, the work on access to genetic resources and benefit sharingthat led to adoption of the Bonn Guidelines. These cross-cutting issues have an important role toplay in bringing cohesion to the work of the Convention as they provide the substantive bridges orlinks between the thematic programmes.
4.3 Ecosystem Approach
The ecosystem approach has been adopted by the Conference of the Parties as the principalframework for the analysis and implementation of the objectives of the Convention. It is a strategyfor the integrated management of resources that constitutes an holistic approach to the managementof biodiversity and its components. It involves the management of resources in scales and coveragethat not only conserve the components of biodiversity, but also protect the essential processes andfunctions of the ecosystem of which they are part (for example, nutrient cycles, carbonsequestration, freshwater supply and food security). The ecosystem approach recognizes thathumans, and their cultural diversity, are an integral part of ecosystems. However the approachinvolves the management of ecosystems and natural resources in such a way as to reflect theirintrinsic values, as well the services they provide to humans, in a fair and equitable way. The entireimplementation of the Convention is to be carried out and assessed in accordance with theecosystem approach.
At its fifth meeting, in Nairobi, Kenya, in 2000, the COP endorsed a description of the ecosystemapproach as follows:
“….a strategy for the integrated management of land, water and living resources that promoted conservation and sustainable use in an equitable way….An ecosystem approach is based on the application of appropriate scientific methodologies focused onlevels of biological organization, which encompass the essential structure, processes,functions and interactions among organisms and their environment. It recognizes thathumans, with their cultural diversity, are an integral component of many ecosystems.”
Since then, a series of expert meetings organized by the Secretariat have elaborated a set ofprinciples for implementing the ecosystem approach. COP-7 agreed that priority should be given tothe implementation of the ecosystem approach, and that additional guidelines would be welcome.
4.3.1 Ecosystem Approach Sourcebook
At COP-7, the COP called for the creation of a website to help practitioners implement theecosystem approach and share experiences. The sourcebook is currently being developed and,when complete, will have several components: a case study database, information about theecosystem approach, and various tools and techniques for implementing the ecosystem approach.The first version of the case study database is ready to be tested, athttp://www.cbd.int/ecosystem/sourcebook/ . Other components of the sourcebook will be addedshortly.
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4.4 Principles, guidelines and other tools
Work carried out under thematic areas and in respect of important provisions of the Convention hasresulted in a series of principles, guidelines and other tools that facilitate implementation of theCBD. These have been developed on the basis of recommendations of technical and legal experts.
A listing of the Principles, Guidelines and Other Tools Developed Under the Convention can befound at: www.cbd.int/guidelines/ The links below take you to documents in English, but they areavailable in all six UN languages.
Invasive Alien Species: Guiding principles for the prevention, introduction and mitigationof impacts of alien species that threaten ecosystems, habitats or species.http://www.cbd.int/programmes/cross-cutting/alien/decision-v8.shtml?dec=VI/23&menu=cross-cutting&filter=alien
Article 8(j): Akwé:Kon Voluntary Guidelines for the Conduct of Cultural, Environmentaland Social Impact Assessment Regarding Developments Proposed to Take Place On, orWhich Are Likely to Impact On, Sacred Sites and On Lands and Waters TraditionallyOccupied or Used by Indigenous and Local Communities.http://www.cbd.int/doc/publications/akwe-brochure-en.pdf
Ecosystem Approach: The Ecosystem Approach Sourcebook.www.cbd.int/ecosystem/sourcebook
Biodiversity and Tourism: Guidelines on Biodiversity and Tourism Development.http://www.cbd.int/doc/publications/tou-gdl-en.pdf
Sustainable Use: Addis Ababa Principles and Guidelines for the Sustainable Use ofBiodiversity. www.cbd.int/sustainable/addis.shtml
Access and Benefit Sharing: Bonn Guidelines on Access to Genetic Resources and theFair and Equitable Sharing of the Benefits Arising out of their Utilization.http://www.cbd.int/doc/publications/cbd-bonn-gdls-en.pdf
Impact Assessment: Voluntary Guidelines on Biodiversity-Inclusive Impact Assessment.http://www.cbd.int/doc/decisions/cop-08-dec-28-en.pdf
Incentive Measures: Proposals for the Design and Implementation of Incentive Measures.http://www.cbd.int/doc/publications/inc-brochure-01-en.pdf
Perverse Incentives: Proposals for the application of ways and means to remove ormitigate perverse incentives. http://www.cbd.int/doc/decisions/cop-07-dec-18-en.pdf
4.5 Strategic Plan
The following is the Strategic Plan of the CBD:
1. In 2002, 10 years after the Convention on Biological Diversity was opened for signature,the Parties have developed this Strategic Plan in order to guide its further implementation atthe national, regional and global levels.
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2. The purpose is to effectively halt the loss of biodiversity so as to secure the continuity ofits beneficial uses through the conservation and sustainable use of its components and the fairand equitable sharing of benefits arising from the use of genetic resources.
A. The issue
Biodiversity is the living foundation for sustainable development
3. Biodiversity-the variability within and among living organisms and the systems theyinhabit-is the foundation upon which human civilization has been built. In addition to itsintrinsic value, biodiversity provides goods and services that underpin sustainable developmentin many important ways, thus contributing to poverty alleviation. First, it supports theecosystem functions essential for life on Earth, such as the provision of fresh water, soilconservation and climate stability. Second, it provides products such as food, medicines andmaterials for industry. Finally, biodiversity is at the heart of many cultural values.
The rate of loss is still accelerating
4. The rate of biodiversity loss is increasing at an unprecedented rate, threatening the veryexistence of life as it is currently understood. The maintenance of biodiversity is a necessarycondition for sustainable development, and as such constitutes one of the great challenges ofthe modern era.
The threats must be addressed
5. Addressing the threats to biodiversity requires immediate and long-term fundamentalchanges in the way resources are used and benefits are distributed. Achieving theseadjustments will require broad-based action among a wide range of actors.
The Convention is an essential instrument for achieving sustainable development
6. The importance of the biodiversity challenge was universally acknowledged at the UnitedNations Conference on Environment and Development, which met in Rio de Janeiro in 1992,and through the development of the Convention on Biological Diversity. In ratifying theConvention, the Parties have committed themselves to undertaking national and internationalmeasures aimed at its achieving three objectives: the conservation of biological diversity; thesustainable use of its components; and the fair and equitable sharing of benefits arising out ofthe utilization of genetic resources.
Achievements
7. Since the adoption of the Convention, the Conference of the Parties has met several timesand, on each occasion, through its decisions has taken steps to translate the general provisionsof the Convention into practical action. This process has initiated national action plans in over100 countries, raised awareness about biodiversity and led to the adoption of the CartagenaProtocol on Biosafety, a landmark treaty which provides an international regulatory frameworkfor the safe transfer, handling and use of any living modified organisms resulting from modernbiotechnology.
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The challenges
8. The implementation of the Convention on Biological Diversity has been impeded by manyobstacles, as outlined in the appendix hereto. A fundamental challenge for the Convention liesin the broad scope of its three objectives. The need to mainstream the conservation andsustainable use of biological resources across all sectors of the national economy, the societyand the policy-making framework is a complex challenge at the heart of the Convention. Thiswill mean cooperation with many different actors, such as regional bodies and organizations.Integrated management of natural resources, based on the ecosystem approach, is the mosteffective way to promote this aim of the Convention.
9. The scope of the Convention means that the provision by developed country Parties ofresources to implement the Convention is critical and essential.
10. The Strategic Plan can promote broad-based action by bringing about a convergence ofactions around agreed goals and collective objectives.
B. Mission
11. Parties commit themselves to a more effective and coherent implementation of the threeobjectives of the Convention, to achieve by 2010 a significant reduction of the current rate ofbiodiversity loss at the global, regional and national level as a contribution to povertyalleviation and to the benefit of all life on Earth.
Goals and Objectives of The Strategic Plan
Goal 1: The Convention is fulfilling its leadership role in international biodiversity issues.
1.1 The Convention is setting the global biodiversity agenda.
1.2 The Convention is promoting cooperation between all relevant international instrumentsand processes to enhance policy coherence.
1.3 Other international processes are actively supporting implementation of the Convention,in a manner consistent with their respective frameworks.
1.4 The Cartagena Protocol on Biosafety is widely implemented.
1.5 Biodiversity concerns are being integrated into relevant sectoral or cross-sectoral plans,programmes and policies at the regional and global levels.
1.6 Parties are collaborating at the regional and subregional levels to implement theConvention.
Goal 2: Parties have improved financial, human, scientific, technical, and technological capacity toimplement the Convention.
2.1 All Parties have adequate capacity for implementation of priority actions in nationalbiodiversity strategy and action plans.
2.2 Developing country Parties, in particular the least developed and the small islanddeveloping States amongst them, and other Parties with economies in transition, have
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sufficient resources available to implement the three objectives of the Convention.
2.3 Developing country Parties, in particular the least developed and the small islanddeveloping States amongst them, and other Parties with economies in transition, haveincreased resources and technology transfer available to implement the CartagenaProtocol on Biosafety.
2.4 All Parties have adequate capacity to implement the Cartagena Protocol on Biosafety.
2.5 Technical and scientific cooperation is making a significant contribution to buildingcapacity.
Goal 3: National biodiversity strategies and action plans and the integration of biodiversityconcerns into relevant sectors serve as an effective framework for the implementation of theobjectives of the Convention.
3.1 Every Party has effective national strategies, plans and programmes in place to providea national framework for implementing the three objectives of the Convention and to setclear national priorities.
3.2 Every Party to the Cartagena Protocol on Biosafety has a regulatory framework in placeand functioning to implement the Protocol.
3.3 Biodiversity concerns are being integrated into relevant national sectoral and cross-sectoral plans, programmes and policies.
3.4 The priorities in national biodiversity strategies and action plans are being activelyimplemented, as a means to achieve national implementation of the Convention, and asa significant contribution towards the global biodiversity agenda.
Goal 4: There is a better understanding of the importance of biodiversity and of the Convention,and this has led to broader engagement across society in implementation.
4.1 All Parties are implementing a communication, education, and public awarenessstrategy and promoting public participation in support of the Convention.
4.2 Every Party to the Cartagena Protocol on Biosafety is promoting and facilitating publicawareness, education and participation in support of the Protocol.
4.3 Indigenous and local communities are effectively involved in implementation and in theprocesses of the Convention, at national, regional and international levels.
4.4 Key actors and stakeholders, including the private sector, are engaged in partnership toimplement the Convention and are integrating biodiversity concerns into their relevantsectoral and cross-sectoral plans, programmes and policies.
4.6 Cooperation with other Conventions
An important aspect of the implementation of the Convention is cooperation at global, regional andnational levels. At the international level, coordination with other treaties, particularly multilateralenvironmental agreements such as the United Nations Framework Convention on Climate Change(UNFCC) or the Ramsar Convention on Wetlands, is essential in order to ensure that goals and
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targets are mutually supportive, or at least not in conflict. The CBD cooperates with related treatiesby means or liaison groups. It also cooperates with international treaties and organizations, such asthe United Nations Food and Agriculture Organization (FAO) and the International MaritimeOrganization (IMO), through its work programmes. The CBD is currently assessing options for aglobal partnership on biodiversity, involving relevant stakeholders from all sectors.
Cooperation with relevant treaties and organizations at national and regional levels is as importantas global cooperation, given that the majority of international treaties are implemented at nationallevel. In addition, cooperation maximises the use of scarce resources, improving efficiency in theimplementation of biodiversity-related activities. Cooperation can also result in the availability ofadditional resources for biodiversity management.
The 2010 target highlights the importance of engaging in the implementation of the Convention andits three objectives all those organizations and sectors that have an impact on biodiversity. Goal 4of the Strategic Plan acknowledges the role played by the private sector through its impacts onbiodiversity. The Plan encourages cooperation with all relevant sectors, including the private sector,as a means of achieving the 2010 target.
V. Implementation of the Convention
Implementation of the CBD is largely the responsibility of Parties and most action forimplementation needs to be taken at the national level. Each Party has autonomy to decide how togo about implementing the general provisions of the Convention and the specific guidance providedby the Conference of the Parties.
Nevertheless, the Convention is a framework or road map that guides all Parties to similar goals,namely, to conserve biological diversity, to use the components of biodiversity in a sustainableway, and to share the benefits arising out of the use of genetic resources. Also, despite the widedisparities and differences between Parties, many measures will be common to all, and some willeven be universal. Foremost among the universal measures are the requirements of Article 6,which requires Parties to develop national biodiversity strategies and action plans (or adapt existingstrategies) and mainstream biodiversity into all sectors. Another key commitment is therequirement of Article 26 for Parties to report on their efforts to implement the Convention.Tellingly, Articles 6 and 26, unlike the other provisions of the Convention, are mandatory and notqualified by the phrase “as far as possible and appropriate,”which qualifies many other CBDobligations.
5.1 National Biodiversity Strategies and Action Plans (NBSAPs)
The CBD relies on national-level implementation, and the development and adoption of NBSAPs isthe foundation for its implementation. Ideally, a national strategy reflects how the country intendsto fulfil the objectives of the Convention in light of its specific national circumstances, and theaction plan constitutes the sequence of steps to be taken to meet these goals.
Procedures recommended by the Conference of the Parties for developing national biodiversitystrategies start with the need to identify the biodiversity within the country and assess its status, ifthis hasn’t already been done. With this assessment, and having identified an institutionalframework and operational responsibilities, the strategy can then be developed to address the threeobjectives of the Convention in the light of national circumstances.
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The COP has emphasized that NBSAPs are the principle vehicle for implementation of the CBDand its Strategic Plan, and that NBSAPs should be developed or revised as a means of contributingto the implementation of the Strategic Plan and the framework of goals and sub-targets, coveringthe different programmes of work.
Despite the differences between Parties, most NBSAPs include:
establishing the institutional framework for developing the strategy, including designatingleadership and ensuring a participative approach;
allocating or obtaining financial resources for the strategy process; assessing the status of biological diversity within its jurisdiction; articulating and debating the vision and goals for the strategy through a national dialogue with
relevant stakeholders; comparing the actual situation to the objectives and targets; formulating options for action that cover key issues identified; establishing criteria and priorities to help choose from among options; and matching actions and objectives.
Developing and implementing the national biodiversity action plans generally involves:
assigning roles and responsibilities; agreeing on the tools and approaches to be used; establishing timeframes and deadlines for completion of tasks; obtaining the budget; agreeing indicators and measurable targets against which progress can be assessed; determining reporting responsibilities, intervals and formats; and establishing procedures for incorporating lessons learned into the revision and updating of the
strategy.
Intergovernmental workshops that review the regional implementation of the Convention haveconcluded that biodiversity planning, within the context of the Convention, is a new concept thathas no prior examples of best practice and few available methodological tools. Specific problemsidentified by Parties across the globe in the biodiversity planning process have included:
Inadequate political support for crucial aspects of the planning process and for approval ofaction;
Weak legislation; Inadequate information; Lack of appropriate scientific and technical expertise and experience in biodiversity planning; Lack of institutional coordination within Governments, and between Governments and
stakeholders; Difficulties in access to and availability of funding; Direct economic pressure on ecosystems and a lack of national budget allocations; Need for increased public education and awareness; Need for recognition of the long-term nature of the NBSAP process; Complexity of translating a biodiversity strategy into a costed and prioritized action plan; and Scarcity of examples of the effective integration of biodiversity considerations into sectoral or
cross-sectoral planning.
At the first meeting of the Working Group on Review of Implementation (WGRI) (September2005, Montreal, Canada), the Secretariat noted that progress remains poor because of low
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compliance rates in preparing national reports, limited information, tools such as environmentalassessments not being used to their full potential and not enough guidance to countries aboutrelated plans under other conventions, such as the United Nations Framework Convention onClimate Change (UNFCCC).
Since then, however, training sessions and meetings on NBSAPs have addressed these issues, and anumber of training modules are available on the CBD website athttp://www.cbd.int/nbsap/guidance-tools/training-modules.shtml. These NBSAP modules includedocuments on capacity-building, communication, mainstreaming, understanding strategies andexamples of creative ways of dealing with gaps in biodiversity information. As well, a newinformation portal on National Reports is currently being developed. The second meeting of theNBSAP Working Group was held from 9-13 July 2007 in Paris. They reported that progress onNBSAP development was satisfactory but incomplete, and data on NBSAP implementation wasinsufficient to assess progress reliably. Weaknesses of NBSAPs include:
Few NBSAPs respond directly to the 2010 biodiversity target or other targets establishedunder the Convention.
Reference to the ecosystem approach is absent from most NBSAPs. Frequently, NBSAP action plans tend to be focused on projects rather than on the
fundamental issues that need to be addressed to achieve the objectives of the Convention. Effective communication programmes are lacking from many NBSAPs. Parties report a lack of financial, human and technical resources and a lack of economic
incentive measures as primary constraints.
Several countries have introduced innovative financial mechanisms to alleviate these constraints,but they most have not generated sustainable financing. About one-third of the reporting countrieshave adopted tax-exemption status for biodiversity-related donations.
The group’s recommendations will be reported at the COP-9 in Bonn.
5.2 Action to integrate conservation and sustainable use into other sectors
Most countries recognize the importance of integrating biodiversity into other sectors, in particularagriculture and forestry. Mechanisms such as land-use planning systems are widely being put inplace to achieve this. It is often difficult to determine, though, to what extent this is a result of theConvention itself. In some regions, for example, Parties have clearly made significant efforts toinclude all stakeholders in the development of NBSAPs, and it appears that a wide range of sectorsand interests are involved in the implementation of action plans. In most cases, a steering orcoordination group has been set up, usually under the auspices of the ministry of environment or itsequivalent. These groups mainly comprise representatives of the relevant ministries, researchinstitutes and non-government organizations. Some countries mention the involvement of differentlevels of government, and others stress the involvement of trade, industry and the private sector.The development of cross-sectoral responsibility clearly emerges as a key issue, to be addressedthrough collaborative development of NBSAPs.
Generally, although many countries have made some start on integrating biodiversity concerns in tomainstream economic sectors, notably in those sectors most immediately associated withbiodiversity such as forestry, fisheries and agriculture, much more needs to be done, particularly inareas that traditionally are economically and politically dominant such as industry, trade andtransport.
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5.3 National Reports
Each Party to the CBD is required to periodically submit a national report on the measures it hastaken to implement the Convention and the effectiveness of such measures. The total number ofCBD parties is 190. The first national reports were due at the end of 1998, and 138 reports weresubmitted. The second national reports were due by 15 May 2003, and 144 reports have beenreceived by the Secretariat. The third national reports were to be submitted by 15 May 2005, and todate, 139 have been received. These national reports provide summaries of the status ofbiodiversity, threats to it, the legal and policy framework for action, and the institutions responsiblefor action. The reports contain detailed information on Parties’efforts to implement theConvention, including the amount of resources available for the implementation, the capacitybuilding needs of the Party, and nature of the plans and guidelines implemented.
The reports are based on an extensive planning and assessment exercise that has been supported bythe financial mechanism. Collectively, the process of producing the reports, which has engenderedthe development of national biodiversity strategies and action plans (NBSAPs) in almost everycountry in the world, represents the most extensive planning exercise addressing biodiversity todate.
The COP has requested that the fourth national reports (due by 30 March 2009) include:
an overview of the status, trends and threats to biodiversity; current status of the national biodiversity strategy and action plans; assessment of success in mainstreaming biodiversity; and progress toward the 2010 target and the implementation of the Strategic Plan.
VI. Importance of the Ninth Meeting of The Conference of the Parties
6.1 Biodiversity and the United Nations in Bonn
The city of Bonn, Germany is located in the Rhine Valley/southern Lower Rhine and next toGermany’s oldest nature conservation area Siebengebirge. It is home to 314,000 people and covers141 square kilometres, 51% of it devoted to protected areas, including 28% landscape protectionand 23% nature preserves. Although Bonn has a long history of human settlement, urban planningsensitive to local ecological issues has been in place for 30 years, and the city showcases a widenetwork of environmental action, including management of forests and waterways, the promotionof organic farming and the use of local or regional products, and the establishment ofenvironmental education. Those who live in Bonn are required to maintain its biodiversity, throughboth conservation and sensitive use of resources.
The city’s phrase, “The UN in Bonn: working towards sustainable development worldwide,” is an accurate one. Since 1996, Bonn has become known as a United Nations city in Germany and theworld. The German government has invested millions of Euros into construction and refurbishmentof new and old buildings, and now 16 of the 17 UN units are located under one roof. Many of theseunits are devoted to sustainable development issues –including the Secretariat of the UnitedNations Framework Convention on Climate Change (UNFCCC), the Secretariat of the UnitedNations Convention to Combat Desertification (UNCCD), and the Secretariat of the Conventionon the Conservation of Migratory Species (UNEP/CMS), to name a few. For a full listing of thedifferent UN units in Bonn in English, visit the city’s website athttp://www.bonn.de/wirtschaft_wissenschaft_internationales/uno-stadt/00780/index.html?lang=en .
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A major achievement of COP6, which was held at The Hague in April of 2002, was the adoption ofthe Bonn Guidelines on access to genetic resources and the fair and equitable sharing of thebenefits arising from their utilization (Decision VI/24).
6.2 Issues to be Considered by COP-9
COP-9 will result in the adoption of important decisions arising out of the intensive preparatoryand negotiation processes that have taken place since COP-8. The main issues that will beaddressed by COP-9 are:
6.2.1 Items for in-depth consideration
Agricultural Biodiversity: The COP-9 will conduct an in-depth review of the programme of workof agricultural biodiversity, which consists of four elements (assessments, adaptive management,capacity building and mainstreaming) as well as four cross-cutting initiatives: the InternationalInitiative for the Conservation and Sustainable Use of Pollinators (Decision v/5, Section ii) and itsassociated plan of action (Decision vi/5, Annex ii); the International Initiative on Biodiversity forFood and Nutrition (Decision vii/32, paragraph 7, and Decision viii/23, Annex a); the InternationalInitiative for the Conservation and Sustainable Use of Soil Biodiversity (Decision vi/5, paragraph13) and its framework for action (Decision viii/23 b); and the review of Genetic Use RestrictionTechnologies (GURTS). The COP-9 will also consider an SBSTTA recommendation (xii/7(UNEP/CBD/COP/9/2) to include consideration of the impact of biofuels on biodiversity withinthis programme of work.
Global Strategy for Plant Conservation (GSPC): COP-9 will review the GSPC in Bonn,including the recommendation by SBSTTA that the Executive Secretary collaborate withorganizations and Parties to draft a “Plant Conservation Report” that could provide inputs to the third edition of the Global Biodiversity Outlook and serve as an awareness-raising tool for theimplementation of the Strategy.
Invasive Alien Species: The COP has requested that the Executive Secretary prepare an in-depthreview of ongoing work on invasive alien species and to consult with relevant international bodieson whether and how to address the lack of international standards on invasive alien species, inparticular animals, that are not pests of plants under the International Plant Protection Convention(IPPC).
Forest Biodiversity: COP-9 will consider a SBSTTA recommendation on forest biodiversity thathighlights the needs to: strengthen the programme of work on forest biodiversity to reach the 2010biodiversity target; strengthen forest government and law enforcement; increase sustainable forestmanagement and the ecosystem approach; promote the full participation of local and indigenouscommunities in the implementation of forest policies; address obstacles such as deforestation,habitat fragmentation, illegal land conversion; improve forest-biodiversity monitoring; and increaseresearch cooperation and partnerships on forestry and agro-forestry.
Incentive Measures: The programme of work is scheduled for in-depth review by COP-9. Parties,governments, international organizations and stakeholders were invited to communicate theirexperiences of implementation to the Executive Secretary, and priorities for a future programme ofwork.
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Ecosystem Approach: The COP-9 will undertake an in-depth review of the application of theecosystem approach. The application of the ecosystem approach was considered by SBSTTA at itstwelfth meeting.
Progress of Strategic Plan, 2010 Biodiversity Target, and Relevant Millennium DevelopmentGoals:
At Bonn, the COP-9 will:
review implementation of goals 2 and 3 of the Strategic Plan, focusing in particular on:(i) the provision of financial resources, capacity building, access to and transfer oftechnology and technology cooperation; and (ii) the status of national biodiversitystrategies and action plans, their implementation and updating, and the extent to whichbiodiversity concerns are effectively integrated into relevant sectors and have beeneffectively mainstreamed in accordance with Article 6 (b) of the Convention.
consider the draft decision prepared by the second meeting of the Working Group onReview of Implementation of the Convention, which includes guidance for Parties ondeveloping, implementing and revising their national and/or regional, biodiversitystrategies and action plans, as well as guidance on priority areas for capacity-buildingand access to and transfer of technology.
consider a note by the Executive Secretary (UNEP/CBD/COP/9/14), reporting on theprogress in achieving the goals of the Strategic Plan and progress toward theachievement of the 2010 biodiversity target, and will consider the process for revisingand updating the Strategic Plan with a view to adopting a revision of the Strategic Planbeyond 2010.
provide guidance on the preparation of the third edition of the Global BiodiversityOutlook to be published in 2010.
Financial Resources and the Financial Mechanism: COP-9 will conduct an in-depth review ofthe availability of financial resources, and will consider the effectiveness of the financialmechanism using reports from an independent evaluator. It will also develop a draft strategy formobilizing resources to support implementation of the Convention, and it will consider a draftmessage on biodiversity and financing for development for the International Conference onFinancing for Development.
6.2.2 Other substantive issues
Other substantive issues that COP-9 will consider include:
Access and benefit-sharing; Article 8(j) and related provisions; Technology transfer and cooperation; Monitoring, assessments and indicators; Biodiversity and climate change; Biodiversity of dry and sub-humid lands; Protected areas; Biodiversity of inland waters; Marine and coastal biodiversity; Island biodiversity;
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Global Taxonomy Initiative; Liability and redress; Cooperation with other conventions and international organizations and initiatives, and
engagement of stakeholders; Operations of the Convention; Scientific and Technical Cooperation and the Clearing-House Mechanism; Guidance to the financial mechanism; and Communication, Education and Public Awareness (CEPA).
6.3 2010 Biodiversity Target
Biodiversity is declining around the world. In April 2002, the Parties to the Convention committedto achieve a significant reduction, by 2010, of the current rate of biodiversity loss at the global,national and regional levels. Since then, numerous events and meetings have taken place to adoptgoals and resolutions to meet the target, such as the Kyiv Resolution on Biodiversity in 2003,adopted by 51 countries, and Countdown 2010, a worldwide network of partners launched in 2005.The main focal areas that are being used to assess progress are:
Reducing the rate of loss of the components of biodiversity, including: (i) biomes, habitatsand ecosystems; (ii) species and populations; and (iii) genetic diversity;
Promoting sustainable use of biodiversity; Addressing the major threats to biodiversity, including those arising from invasive alien
species, climate change, pollution, and habitat change; Maintaining ecosystem integrity, and the provision of goods and services provided by
biodiversity in ecosystems, in support of human well-being; Protecting traditional knowledge, innovations and practices; Ensuring the fair and equitable sharing of benefits arising out of the use of genetic
resources; and Mobilizing financial and technical resources, especially for developing countries and small
island states.
Each of these focal areas includes indicators, such as forest coverage, to evaluate progress. For acomplete list of indicators, visit https://www.cbd.int/2010-target/framework/indicators.shtml .
The second edition of Global Biodiversity Outlook, which was launched at the COP-8 in Brazil in2006, warns that biodiversity is in decline at all levels and geographical scales. Nevertheless, therehas been some progress, particularly in forest coverage and water quality:
Protected area coverage has doubled over the past 20 years and terrestrial protected areasnow cover over 12% of the Earth’s land surface.
Water quality in rivers in Europe, North America, and Latin America and the Caribbean hasimproved since the 1980s.
Challenge areas have been identified by the Global Biodiversity Outlook 2 as the food andagricultural sector, trade policies, poverty reduction strategies and valuation. The 2010 BiodiversityTarget will be discussed at COP-9, under item 3.7 in the Provisional Agenda (documentUNEP/CBD/COP/9/1).
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VII. Influencing the COP Process: Strategies for Observers
The rules regarding the participation of non-governmental organizations and other sectors of civilsociety in CBD meetings have been drafted with a view to facilitating the participation oforganizations who can contribute to the discussions and to the implementation of the Convention.
7.1 Registration procedures for observers at COP and MOP meetings
Any organization whose mandate or activities involve the conservation or sustainable use ofbiodiversity can participate as an observer upon notification to the CBD Secretariat in Montreal,Canada, which is responsible for registration at each MOP and COP. This is stated in Rule 7 of theProcedures of the COP.
In order to register, the interested organization should submit an official letter from its ChiefExecutive or President to the attention of the Executive Secretary at the offices of the CBDSecretariat. The letter should include the names, titles and contact information of all the delegateswho will be attending. Registration will not be confirmed until the notification is received.
Contact information for the Secretariat is:
Secretariat of the Convention on Biological Diversity413 St. Jacques St., Suite 800Montreal, QuebecH2Y 1N9 CanadaFax: + 1 514.288.6588Email: [email protected]
Participants should also complete the registration forms that are on the CBD website (they areattached as an Annex in both the COP and MOP “Information for Participants” documents), and email or fax them to the COP host country’s organization office. Full registration procedures areexplained in the“Information for Participants” document.
Once the letter and forms are submitted within the stated deadlines, participants will be able tocollect their badges from the registration desk upon presentation of a passport or other officialidentification with a photograph.
7.2 Interventions in plenary and working group sessions
The formal dialogue in COP meetings takes place through “interventions”–oral statements madeby Parties and observers when they have requested the floor and are recognized by the Chair of thePlenary or Working Group. Observers are generally welcome to make statements in formal COPsessions, after all the Parties who have requested the floor on a particular topic have spoken.
Statements at the COP and other CBD meetings by representatives of indigenous and localcommunities, and by NGOs, have been influential on many occasions in the past. In other cases,they have not been particularly effective.
A few simple rules can help make interventions more effective:
Joint interventions on behalf of a large number of like-minded organizations or an entireconstituency (e.g. on behalf of a large coalition of NGOs, or all of the indigenous communityrepresentatives present) are generally more influential than statements by single organizations.
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An exception to this rule is when an individual speaker has a powerful personal story to tell, asis often the case with indigenous and local representatives. In cases such as this, it is the powerand eloquence of the story that may change minds more than the fact that the speaker isrepresenting a large group of other organizations.
Write interventions down before presenting them, and give a clear copy to the interpreters inadvance (so they can most effectively translate it when it is read out).
Speak slowly and clearly, so that the interpreters can translate clearly, and Parties for whomnone of the UN languages are their first language can understand.
Restrict interventions to the specific agenda item and document(s) that are being discussed. Itis not useful, for example, to give a long intervention on the problems of small island fishingcommunities during the debate on mountain biodiversity.
Make interventions as short as possible while still getting the point across. Parties appreciateinterventions that are short and to the point, especially at the end of a long session (which is theonly time observers get to speak). Three minutes should be an absolute maximum. It is usefulto practice in front of colleagues, to check the length and to become comfortable with readingthe text.
Give support statements and positions already made by Parties, if they are reasonablysupportive of the position one is putting forward. It is more effective to say “We fully agreewith the position of the Africa Group that….”Than it is to just say“We urge the Parties to….”One can always suggest an addition to a previous position: “we fully agree with the position ofthe Africa group that…..and in that spirit, we would further suggest that….”
Refer to specific text in the document before the meeting, either supporting existing language inthe document or proposing alternative language. When proposing alternative language, alwayswrite it down clearly, inform the Chair that it will be provided to him/her in writing, and do soonce the intervention is completed. (This is generally done by going to the podium and handingthe text to one of the Secretariat members who will be assisting the Chair.).
Be polite. Thank the chair for the floor, congratulate his/her election as chair, complimenthis/her leadership of the debate, etc. Avoid sounding angry or self-righteous, and don’t list out“demands”–there is no power to enforce them in a process that works by consensus decision-making. None of this implies that one should not press positions clearly and forcefully. It ismore a matter of style.
Don’t be nervous! Remember, everyone has as much right to speak as anyone else in the hall.
7.3 Negotiating text in plenary and working group sessions
Once an issue has been discussed in a Working Group and moved into a contact group, the realnegotiation of the text of the COP decision begins. If participation in the contact group has notbeen restricted by the Working Group Chair, observers – including indigenous and localcommunity representatives–are able to attend, and are generally welcome to make interventions.
Contact groups are generally run in a similar fashion to Working Groups: There is a Chair (or twoco-chairs) who has often prepared a negotiating text based on the range of views presented in theWorking Group debate on the issue under consideration. A contact group will generally movethrough the text in detail, often with proposed changes being entered on a computer projected onto
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a large screen at the front of the room. The process can be a very lengthy and torturous one,requiring stamina to work late into the night. In some cases, the “winners”of contact groupnegotiations are delegates with the capacity to remain sharp and talkative into the early morninghours.
Contact groups are not the appropriate place to make general statements of principle. Rather,Parties here will be trying to find compromise language acceptable to those holding opposing viewson what a particular paragraph, sentence, or word should say. Technically, the contact group chairis not obliged to take observers’views into account. But most chairs will listen to observers,especially if they propose compromise language that both satisfies opposing factions and supportsthe observer’s position.
Since contact groups generally operate in English only, it is very useful to have a native Englishspeaker available to help frame suggested text.
7.4 Influencing the positions of government delegations
As a general rule, interventions and positions held by Parties are far more influential than those ofany Observer, be it the World Bank or a small indigenous community group. It is therefore oftenmore effective to enlist Parties to present Observer positions as their positions, to the extentpossible. In order to get Parties to do so, one needs to “lobby”them –engage them in informalconversations and convince them (a) of the wisdom of the position one wishes them to adopt; and(b) to formally put that position forward in the relevant COP process.
There are no hard and fast rules about how to effectively lobby delegates; it depends on who one istalking to, one’s own personality and style, the issue at hand, and many other factors. Here are afew guidelines that may help:
Don’t be shy. It is important to identify who one wants to talk to, and to introduce oneselfto them. Remember, everyone at the COP is lobbying everyone else, so there is nothingstrange about asking a delegate their views on an issue, telling them one’s view, and thentrying to get them to incorporate that view into their government’s position in thenegotiations.
Ask experienced observers from NGOs and other delegations about which delegations areinfluential, or need to be lobbied, on specific issues of interest.
Not all delegations are equal in their interest in specific issues, or in their influence over theprocess. Figure out which Parties are influential on what issues, and try to focus on them.
Not all members of delegations focus on all issues, and not all members have the authorityto adopt new or modified positions on an issue. One might raise an issue with one memberof delegation and find out that someone else on the delegation is actually the one handlingthat issue. In that case, one should ask to be introduced to that person.
It is better to get several delegations to take forward a position rather than just one. Gettinga regional group to take forward a position is most effective, and this requires figuring outwhich delegations in a region are most active and influential in developing the positions ofregional groups
Work with colleagues to develop a coordinated lobbying strategy on particular issues.Different colleagues will have contacts with different delegations and regions.
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Lobbying goes on in all manner of locations: at coffee breaks and lunch; at receptions; over dinner,and at hotel bars. There is also nothing wrong with approaching a delegate when they are sitting attheir place in the meeting hall, just walk on down front and do it. Ask them if it is a good time totalk–if not, make a date to talk with them at the next break.
Don’t be afraid to wait around while a delegate finishes a conversation with someone else. This isnormal, and persistence pays off.
To strike up a conversation, it is always useful to ask what a delegate’s country’s position is on aparticular issue, and how they think the negotiations on it will come out. This can be put forwardas a hypothetical question –“Could your delegation support additional language on that issue thatsaid……?”Asking experienced delegates questions about how the COP process works is also agood way to start a conversation.
Lastly, remember that reaching consensus in the COP always involves compromise. Nobody getsexactly what they want in a consensus-based negotiating process, and if one’s position is “all ornothing”, then one is likely to become quite frustrated at the COP. Don’t be afraid to compromiseon specific language if it serves the overall goal.
7.5 Distributing written materials
Government agencies, NGOs, donor agencies and all manner of other COP participants will bringvast quantities of literature to distribute: books, reports, magazines, memos, manifestos, brochures,CD-ROMs, etc. Mountains of these materials pile up on the tables outside of COP meeting rooms.
Indigenous and local organizations may wish to contribute to these overloaded tables with theirown literature. Much of it does get picked up by delegates, although it is unclear how much is everread or even taken home at the end of the meeting.
A more effective strategy is to carry literature, and give it personally to delegates when speaking tothem. They will be much more likely to focus on it if they can connect a real person to it.
NGOs are particularly prolific producers of“joint NGO statements”on various issues. While thesecan be very useful (as noted in the section on interventions), they are only as useful as the lobbyingefforts used to take the positions forward with delegations. Some NGOs seem to spend most oftheir time behind the scenes, barricaded in an “NGO room”negotiating with each other over NGOstatements, rather than engaging with the Parties in the actual negotiating process.
In short, distributing written materials at the COP is a means to an end, not an end in itself. Theend is to influence the outcomes of the meeting to reflect particular positions and concerns, and thisgenerally done more effectively through personal contact and involvement than the production ofwritten statements and manifestos, no matter how eloquent.
7.6 Parallel events at COP-9 in Bonn
Although negotiations are the raison d’être of the MOP and COP meetings, many delegates andobservers will try to actively participate in these events that are organized alongside the officialsessions, at the venue or outside. This is an important and healthy tradition that promotes andfacilitates the exchange of ideas and experiences, initiates or strengthens partnerships, and evenhelps to modify political positions. Among the events planned for COP-9 in Bonn, participants willfind:
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The International Day for Biological Diversity: A series of events will celebrate thisyear’s theme, agricultural biodiversity, on 22 May 2008.
Exhibition area: The “Plaza of Diversity” is a platform for a wide range of events and activities accompanying the conference. It will be located between the Hotel MaritimConference Centre and the central plaza, Robert-Schuman-Platz, and in the green spacesbetween and around the neighbouring government buildings. The Plaza will be a large areareserved for exhibition booths from numerous sectors and countries –national and localgovernments, NGOs and social movements, international organizations, and the privatesector. Participants will be able to get to know the projects and activities of the exhibitors,obtain books and publications, and perhaps identify new partners. A central stage for publicevents will be set up in Robert-Schuman-Platz. More information on the Plaza of Diversitycan be found in the document‘Information for Participants’, in Annex C.
The Community Dorf Dialogue Space: The Community Dorf, organized by UNDP’sEquator Initiative, is a meeting place and centre for the activities of the Equator Initiativeand its partners, and will include a series of information and training sessions and culturalevents for local communities and indigenous peoples.
Mayors’Conference: Local Action For Biodiversity: This conference will take place inBonn, 26-28 May 2008, and will address issues related to urban biodiversity on theinternational agenda.
CEPA fair: A fair on experiences and best practices in Communication, Education andPublic Awareness (CEPA) will be held at the margins of COP-9, in Room 0.105 in theFederal Ministry of Transport Building from 19-30 May 2008. The Fair will includedisplays and presentations on national CEPA strategies, media mobilization, integration ofbiodiversity considerations into education in both formal and informal contexts, and bestpractices in raising public awareness.
For general information on side or parallel events, refer back to section 3.3.5.
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ACRONYMS
ABS Access and Benefit SharingAHTEG Ad Hoc Technical Experts GroupAOSIS Association of Small Island StatesBSWG Ad Hoc Working Group on BiosafetyCBD Convention on Biological DiversityCHM Clearing-House MechanismCEE Central and Eastern European Group (an official UN regional group)COP Conference of the PartiesCRP Conference Room PaperEC European CommunityEIA Environmental Impact AssessmentEU European UnionFAO United Nations Food and Agriculture OrganizationG77+China The Group of 77 + China (the grouping of all developing countries)GEF Global Environment Facility (financial mechanism of the CBD)GTI Global Taxonomy InitiativeGMOs Genetically Modified OrganismsGRULAC Latin America and Caribbean Group (an official UN regional group)GSPC Global Strategy for Plant ConservationGURTs Genetic use restriction technologiesIA Impact AssessmentIGO Intergovernmental OrganizationIMO International Maritime OrganizationIPRs Intellectual Property RightsISOC Inter-sessional Meeting on the Operations of the ConventionITPGRFA International Treaty on Plant Genetic Resources for Food and AgricultureJUSCANZ Japan, US, Canada, Australia and New Zealand GroupingLMMC Like-minded Group of Mega-Diverse CountriesLMOs Living Modified OrganismsMYPOW Multi-Year Programme of WorkNBSAP National Biodiversity Strategy and Action PlanNGO Non-governmental organizationODA Official Development AssistancePGRFA Plant Genetic Resources for Food and AgriculturePOW Programme of WorkSBSTTA Subsidiary Body on Scientific, Technical and Technological
AdviceSCBD Secretariat of the Convention on Biological DiversitySEA Strategic Environmental AssessmentTRIPS WTO Agreement on Trade-Related Aspects of Intellectual Property RightsUNDP United Nations Development ProgrammeUNEP United Nations Environment ProgrammeWEOG Western Europe and Others Group (an official UN grouping)WGRI Working Group on Review of ImplementationWTO World Trade Organization
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GLOSSARY OF TERMS
2010 Biodiversity Target - The Parties to the Convention have committed to achieving by 2010 asignificant reduction of the current rate of biodiversity loss at the global, regional and nationallevels. The target has been incorporated into the Millennium Development Goals.
Akwé:Kon Guidelines: The Akwé:Kon voluntary guidelines were adopted in 2004 to guide theconduct of cultural, environmental and social impacts of proposed developments likely to impactlands and waters traditionally occupied or used by indigenous or local communities.
Agenda 21: Adopted in 1992 at the United Nations Conference on Environment and Development(UNCED), Agenda 21 is a comprehensive plan of action to be taken globally, nationally and locallyby organizations of the United Nations system, governments, and major groups in every area inwhich humans impact the environment.
Article 8(j): This article of the Convention text addresses the relationship between the conservationand sustainable use of biological diversity and indigenous and traditional knowledge, innovationsand practices.
Article 10(c): This article of the Convention text requires Parties to protect and encouragetraditional uses of biological diversity that are compatible with sustainable use.
Biological Diversity: Biological diversity, or biodiversity, is the variety of life on Earth. Itcomprises the variability within species, among species, and of ecosystems. It also refers to thecomplex relationships among living things, and between living things and their environment.
Biosafety: the safe transfer, handling and use of any living modified organism resulting frombiotechnology that may have an adverse effect on the conservation and sustainable use of biologicaldiversity.
Bonn Guidelines: These guidelines were adopted at COP-6 to assist Parties, governments andother stakeholders in developing overall strategies on access to genetic resources and the fair andequitable sharing of the benefits arising from their use.
Clearing-House Mechanism (CHM): a collaborating network of partners to promote and facilitatescientific and technical cooperation.
Cross-Cutting Issues: These issues cut across different thematic areas of the Convention. Currentcross-cutting issues include: 2010 Biodiversity Target, Access to Genetic Resources and Benefit-sharing, Climate Change and Biodiversity, Communication, Education and Public Awareness,Economics, Trade and Incentive Measures, Ecosystem Approach, Global Strategy for PlantConservation, Global Taxonomy Initiative, Impact Assessment, Identification, Monitoring,Indicators and Assessments, Invasive Alien Species, Liability and Redress, Protected Areas,Sustainable Use of Biodiversity, Technology Transfer and Cooperation, Tourism and Biodiversity,Traditional Knowledge, Innovations and Practices.
Ecosystem Approach: A strategy for the integrated management of land, water and livingresources that promotes conservation and sustainable use in an equitable way.
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Environmental impact assessment (EIA): Environmental impact assessment is an assessment ofthe likely positive and/or negative influence a particular project may have on the environment.
Ex-Situ Conservation: the conservation of components of biodiversity outside of their naturalhabitats.
Genetic material: The CBD defines “genetic material” as “any material of plant, animal or other origin containing functional units of heredity.”
Genetic resources: The CBD defines genetic resources as “genetic material of actual or potentialvalue.”
Global Taxonomy Initiative (GTI): The Global Taxonomy Initiative was established by the COPto address the lack of taxonomic information (the identification and classification of organisms) andof specialists in many parts of the world, as a means of improving decision making on mattersrelating to biodiversity.
Impact assessment (IA): see Environmental impact assessment and Strategic environmentalassessment.
In-Situ Conservation:The CBD defines “in-situ” conservation as “the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in theirnatural surroundings and, in the case of domesticated or cultivated species, in the surroundingswhere they have developed their distinctive properties.”
Living Modified Organism (LMO): any living organism that possesses a novel combination ofgenetic material obtained through the use of modern biotechnology.
Programme of Work: The CBD divides different issues related to biodiversity into themes.Current Thematic Programmes are: Agricultural Biodiversity, Dry and Sub-humid LandsBiodiversity, Forest Biodiversity, Inland Waters Biodiversity, Island Biodiversity, Marine andCoastal Biodiversity and Mountain Biodiversity.
Strategic environmental assessment (SAE): Strategic environmental assessment is a process ofidentifying and evaluating the environmental consequences of proposed policies to ensure that theyare fully integrated into plans and programmes.
Sustainable Development: The Brundtland Commission of 1987 coined the phrase and defined itas development that meets the needs of the present without compromising the ability of futuregenerations to meet their own needs.
Sustainable use: Sustainable use is defined in the Convention as: “the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biologicaldiversity, thereby maintaining its potential to meet the needs and aspirations of present and futuregenerations.”
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