The Convention on Biological Diversity (CBD)

Introduction The natural environment provides the main resources without which humanity could not survive. These biological resources are also vital to the economic and social development of the planet.

The importance of these has resulted in a rapidly progressive acceptance that biological diversity (BD) is an important asset to humankind in the present and in the future. The synthesis of life forms and their interactions within the ecosystems provides a uniquely habitable planet. Nevertheless, the danger to ecosystems and species has become expediently threatened due to the increased activities by humanity.

Biological Diversity can be defined as the variation of life on Earth and the naturally occurring patterns it creates. The diversity we see on Earth is the product of billions of years of evolution, if human intervention continues to increase in adisproportionate rate it could be argued it will lead to unrepairable damage.

In 1992 a step forward for the protection of the biodiversity was made at theEarth Summit in Rio de Janeiro where countries agreed to an all-inclusive plan for sustainable development. One key agreementwas the convention biological diversity (CBD), establishing three main objectives: conservation, sustainability andfair and equitable sharing.

The term Biodiversity in this essay, will be used to refer to; a large range of plants, animals, micro-organisms and the variety of the ecosystems including land and water.

This paper aims to provide an oversight of the evolution of the CBD, its roles in promoting the conservation and sustainable use of biological resources as well as the protection of ecosystems, evaluating the conventions developments and their influence over others. The Convention on Biological Diversity In 1988, a group of experts on Biological Diversity convened in response to the United NationsEnvironment Programme (UNEP) to analysethe need for an international convention on biological diversity, a year later, legal experts starteddrafting legal instruments for the conservation and sustainable use of the biodiversity, making this global agreement the first of its kind. This draft took into account the costs compared to the benefits between developed and developing states including how general population can support throughinnovation.

The CBD was one of two binding Conventions opened for signature at Rio “Earth Summit”in 1992, but it has remained overshadowed by the second submission, The United NationsFramework Convention on Climate Change (UNFCCC). Where the latter focused its targets on the reduction of industrial and greenhouse emissions and requests nation economies to conduct fundamental changes, the CBD has the possibility of changing the relationship betweenbiodiversity and individuals. It seeks to re-configure the intrinsic value of biological diversity throughutilitarian discussions.

The Convention on Biological Diversity, opened for signature at the Rio, entering into force in 1993 by which time it had 168 signatures, with the first Conference of the Parties(COP) scheduled for 1994.

The targets of this International Convention are extensive, and it attempts totackle an important landmark in international law with a specific focus on its three main objectives. For the first time, biological biodiversity conservation (Art. 6,8-9) is an integralpart for the economic goal of the usage of biological resources in a sustainably way (Art.6 and 10) making it essential for evolution and it’s considered as “a common concern of humankind” due to its importance for the development process.

The CBD agreement coverage includes all ecosystems, species and genetic resources. It establishes the principles for the “fair and equitable sharing” of the advantages generated from the utilisation of genetic resources (Art.15). especially those ones intended for commercial use. Also, including the biotechnology field by addressing the evolution of technology and transfer (Art. 16, 19), biosafety and benefit-sharing.

PROMOTING THE ROLE OF THE CDB TOWARDS THE CONSERVATION OF BIODIVERSITY

National Action As an international agreement, The Convention on Biological Diversity points out a series of common issues,overall objectives, universalobligations, coordinate financial and technical cooperation. Nevertheless, it is the states who are the responsible of achieving the Convention specific targets.

Under the CBD, it is Private sectors, landowners and farmers that have become the principalfactors for the degradation and deterioration of biodiversity and the environment. The governments are tasked to tackle the issue of conservation and the sustainable use of biodiversity by implementing and developing national action plans and strategies and at the same time, to combine these into estate wide nationalplans.

Under the convention Governments also agree to the following commitments:

• To identify and monitor biological diversity of importance which needs to be conserved and to be used in a sustainable manner (Art. 7)

• To establish protected areas (Art.2) for the conservation of biological diversity while developing a stable ecosystem

• To restore degraded environments and to repopulate endangered species

• To maintain, preserve and respect customs of indigenous communities

• To prevent, control and eradicate alien species that threaten natural biodiversity

• To control threats from genetically modified organisms

• To promote and engage public participation

• To raise awareness and consciousness of people on the subjectof Biological Diversity (Art. 13)

• To report back to CBD on how they are meeting biodiversity goals (Art.26)

International Action For the targets imposed to be achieved it is necessary to combine efforts of the global nations. As mentioned before, the success of these goals relies upon the individual states and the compliance will depend upon a selfishness inform, the pressure coming from other countries and from the general opinion, this strategy is commonlyknown as ‘naming and shaming’.

CBD has created an open space in where representative of world states, academics, scholars,non-governmental organizations (NGOs) private sectors and other groups of individuals are able to share, exchange ideas and to compare strategies.

As stated, The CBD´s governing body is the Conference of the Parties which is the final authority in the decisions made regarding the Convention. It embodies the governments and regional economic integration organisations who have ratifiedthe Convention and who meet bi-annually to evaluate progress. This governing authority is the one in charge of the reviews progress under the treaty, of pointing out the new areas of opportunity and priorities and of assigning the work plans forparties.

One of the most significant powersthe COP is embedded with is the ability to amend the Convention, to create advisory bodies and review the progress made by the ratifying statesand to cooperate alongside international organizations.

Furthermore, COP itself might rely on other bodies,established by the Convention, in order to be whole; such as the Secretariat, which among its main functions is to provide assistance of the implementation of the strategic plan, the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) and the Clearing House Mechanism who promotes cooperation and information exchange. DEVELOPMENT OF CONVENTION On BIOLOGICAL DIVERSITY The Conference of the Partieshas met 14th times since the adoptionof the CBD and, with every meeting, steps have been taken in order to transform the Convention provisions into feasible actions. Among other things, the measures taken have comprehended, the distribution of an exact guidance for the financingof the Convention programmes, the implementation of work projects for numerous areas and cross-cutting matters,and the constitution of ad hoc groups to implement certainprovision of the Convention, for example; biosafety, protected areas, benefit-sharing and access to knowledge.

Regarding biosafety, the adoption of new legal tools led to the drafting of the Cartagena Protocol on Biosafety which it’s considered as a landmark treaty that establishes an international frameworkfor the purpose of regulation and environmental protection.

Article 15 of the Convention on Biological Diversity establishes the conditions for accessing geneticresources and benefit-sharing. Moreover, it respects the sovereignty rights to natural resources of national partiesand informed consentshall be granted prior authorization of the Contracting Parties to supply resources. In other words, trade of biological resources should be mutually agreed between the statesin order to guarantee benefit-sharing.

A set of recommendations were published outliningthe procedures on ‘Accessto Genetic Resources and the Fair and EquitableSharing of BenefitsArising Out of Their Utilization, the Bonn Guidelines.’ They were intended to help the Parties and Governments to identify their necessary steps to meet the conditions of Article 15 of CBD, the Guidelines were drafted by the COP to form a widerframework and help inform decisionsand negotiations at following world summits on sustainable development.

´The Nagoya Protocol on Access to Genetic Resources and the Fair and EquitableSharing of Benefits Arisingfrom their Utilization´ followed on from the Bonn Guidelines as the COP had planned, which provided a clear legal framework for state implementation of one of three main objectives of CBD on the fair and equitable sharing. The importance of Nagoya Protocollays within its ability to provide transparency and a more accurate legalcertainty for users of biogenetics.

The CBD is a dynamic ever-changing institution. Its evolution has been considerable but also has been limitedin some significant matters. No new subsidiary bodies for implementation have been created, unlike the UNFCCC and UN Convention to Combat Desertification (UNCCD), the CBD has opted to instead create a protocol on the ‘transboundary movements of living organisms’ known as the CartagenaProtocol on Biosafety. THE CARTAGENA PROTOCOL ON BIOSAFETY This Protocol is considered as an international treaty that aims to control and limit the transportation of living organismswhich have been scientifically modified(LMOs) through the results of modern biotechnology. Negotiation for the protocol took place between 1999 and 2000 and was adopted 29 January 2000 as a supplement to the existing convention, entering into force11 September 2003.

The objective of this Protocol under the CBD is to guarantee “an adequate level of protection in the field of the safe transfer,handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects onthe conservation and sustainable use of biological diversity, taking also into accountrisks to humanhealth”.

For this purpose, it can be defined as a set of legally binding rules for partiesof CBD concerning international shipments of bio-organisms including feed forlivestock and the integration into products which are processed.

A strategic plan for the Protocol was adopted at the 5/COP/MOP covering 2011-2020. It englobes a mission statement, a vision for the time period and five objectives; to facilitate the implementation of the Protocol, capacity building, review and ongoing compliance, the sharingof information and cooperation betweenparties including outreachprogrammes. NAGOYA PROTOCOL ON ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR UTILIZATION The Protocol is complementary agreement to the Convention on Biological Diversity. It lays out a coherent legal framework for an efficient execution for the ratifying parties in order to meet one of the three objectives of the CBD: “The Fair and equitable sharing arising out of the utilisation of genetic resources”. There as, Nagoya Protocol contributes towards conservation and the sustainable use of diversity in the ecosystems.

The protocol was negotiated between 2005-2010 resulting in the final draft being adopted on 29th October 2010 (COP 10) in Nagoya, Japan and entered into force on the 12th October 2014.

The importance of the Protocol, lays on the provision of supplementing the CBD with a greater legal clarity for both, providers and users transparency by; 1) Implementing a foreseeable conditions for accessing to resources of genetic interestand 2) by ensuring benefit-sharing between countries when genetic resources are transported acrossborders.

The scope of its coverage applies to all genetic resources mentioned on the CBD (Art. 4) in addition advantages arising from the usage and ‘traditional knowledge’. The main obligations are categorised into three sections; Access, compliance and Benefit-sharing obligations (Art.1), which demonstrates the transparency in the draftingof the framework of this Protocol.

To ease the implementation Nagoya uses a mixture of different tools to its advantage including; the establishment of National Focal Points and Competent National Authorities, a Clearing House to deal with Access and Benefit-sharing, Capacity buildingin local communities and countries, increasing awareness, Finance support from Nagoya financial mechanism and other sources and lastly Technology Transfer to stateparties. LINKAGES OF THE CBD WITH OTHER CONVENTIONS The Conference of the Partieshas always considered the importance of the cooperation between organisations, NGO’s and conventions initiatives in order to meet the goals set out by the Convention. Decision VI/20 (COP 6) reiterated how vital this cooperation is for the Convention on Biological Diversity, also expressing intentions to work with other conventions and initiatives, notably when concerning cross cutting topics; Decision VI/2 Inland Waters , VI/4 Dry and Sub-humid Lands, VI/5 Agricultural Biodiversity, VI/6 Food and Agriculture, VI/22 Forest, VI/23 Alien Species and VI/24 Accessand Benefit-sharing, the advice offeredby specialists can prove invaluable.

The World Summit on Sustainable Development (Johannesburg 2002) highlighted the importance to strengthen the collaboration of the UnitedNations with any other similarorganisations in order to create a networking between biodiversity- related conventions and treaties with the objective to create linkages between biodiversity and trade bodies such as the World Trade Organisation (WTO), while increasing the technology transferand sharing knowledgethrough scientific researchmethods for a greater good.

During COP meetings, a numerous recommendation was made with regards cooperation and linkages. Particularly, noting the importance during the states of development and implementation. The Secretariat of CBD statedthat this was necessary to create synergies, avoid duplication of actions and to providean overall increasein performance in biodiversity agreements. Cooperation between the Rio Conventions The ongoing cooperation between UN conventions have been warmly encouraged at numeroustimes, due to their similarities in goals and objectives. Commonworking partnerships have formed betweenUnited Nations FrameworkConvention on Climate Change (UNFCCC), Kyoto Protocol, United Nations Convention to Combat Desertification (UNCCD)and the Convention on Biological Diversity, including consulting with outside organisations on scientific expertise, ad hoc technicalgroups on subjectspecific areas and establishing joint liaison task force.

The Conference of the Parties urged for development of mechanisms to correlate nationalmeasures to enhancebiodiversity, species development, ecosystem re-habitation and desertification/land degradation and climate change, and for interconnecting and insurance of integration of targets and plans under the UNCCD and CBD. The secretariats of CBD and UNCCD also planned discussion groups to create joint cooperation to target the conservation of forest ecosystems and biodiversity there within, among three conventions that specialise in this area.

Furthermore, it was stronglyrecommended that betweenthe CBD, UNFCCCand UNCCD a joint liaisongroup should be created to task likely areas for cooperative activities including fulfilling local ground level objectives. Lastly, the Secretariat of the CBD requested a joint operative towards forests with the UNCCD and others.

Cooperation between other related conventions on the subject of Biodiversity. Alongside their fellowRio Conventions CBD aim to create and maintain linkageswith other similarBiodiversity agreements. Concerning Wetlands ecosystems CBD made joint work commitments with Ramsar Convention on Wetlands (Ramsar) for the purpose to include the promotion of biodiversity into Ramsar’s existinglegislation on environmental impact assessments and strategic environmental assessments. CBD have worked with Ramsar in numerous areas including the redevelopment of work plans on biodiversity in inland water ecosystems. The creations and the refining of mechanisms through expert meetings and use of a Scientific and Technical Review Panel. In cooperation with Ramsar, CBD have written a technical publication to documentthe status, trend and threatsto inland water biodiversity.

The Conference to the Parties of the CBD have recognised that the Convention on Migratory Species (CMS) is the priority joint work partner on the subject of biodiversity of migratory species.Joint work schemesinclude the ongoingcooperative advise on any threatsposed by invadingalien species includingcontrol methods, prevention of introduction and the eventual eradication. A joint in-depth work programme has been started by the secretariats of both conventions with the objective to analyse in the area of biological diversity how migratory species can be addressed within the framework of the CMS and CBD conventions.

The continued cooperation between CBD and the Convention on International Tradein Endangered Speciesof Wild Fauna and Flora (CITES) is of great importance to COP to both conventions, with the inclusion of the exchange of relevant information, experience and knowledge to enhance the collaboration on areas of similar interests. CITIES have worked together with CBD on a focus group concerning the trade and transportation of non-timber resources from woodland and forest ecosystems in particular on the worrying subject of bushmeat. The CBD and CITIES are also working alongsidea joint wildlifetrade monitoring programme (TRAFFIC) by World Wildlife Fund (WWF) and International Unionfor Conversation of Nature (IUCN) to exploremore options of cooperation betweenthese Conventions.

Cooperation with other relevant biodiversity conventions In November 2001, during the Conference of the Food and Agriculture Organisation of the United Nations(FAO), the International treaty on Plant Genetic Resourcesfor Food and Agriculture was adopted. The treaty shares a numberof similarities with CBD and cooperative measures between the both of them are mentioned in the treaty.

On the subject of living modified organisms a set of phytosanitary measures were established in partnership with the International Plant Protection Convention (IPCC) by incorporating guidelines on ways to ensure biodiversity is not threaten by invasive species,working alongside Cartagena Protocol on Biosafety.

A meticulous research study was carried out in a joint collaboration betweenthe CBD and the UnitedNations of Ocean Affairs and Law of the Sea (UNDOALOS) on the linkage of CBD and the United Nations Convention on the Law of the Sea (UNCLOS) to address technological and scientific issues concerning bioprospecting of bio-resources from the deep seabed which lays beyond national jurisdiction. Analysis of the progression of CBD’s linkageswith other Conventions The Conference of the Parties is conscious about the importance of working in cooperation with other agreements and Conventions which promotes the achievements of their objectives. The IPCC togetherwith the International treaty on Plant Genetic Resources for Food and Agriculture are a particular example of the cross-cutting benefits in their respective work areas (COP6 decision 23 & 6). In addition,the IPCC has revised new International Standardson Phytosanitary procedures taking into accountadvise from CBD about biodiversity.

Furthermore, in response to COP 5/4 CBD with Kyoto Protocol have formed an Ad Hoc Technical Expert Panel on Biodiversity and Climate Change which was widely accepted by the UNFCCC SBSTA as well as other scientific organisations, as an essential step towards cooperation.

These highlights have shown and reassured the possibility of promoting a coherent comprehensive way where international conventions, agreements and treatiescan work togetherin coordinated effortsto achieve objectives. Conclusion Biodiversity is a vital asset to everyoneon our planet, this is the core principle beliefof The Convention on Biological Diversity, despite this importance, threats to the ecosystem and the specieswhich inhabit it are increasing due to increased activities. The Convention has set out three clear objectives to deal with these issues, the conservation of biological diversity, the sustainable use of resources and the fair and equitable sharing of benefitsof those resources.

CBD itself has enjoyed a long history,implementing a numberof changes and development of its rules. The addition of the Cartagena Protocol on Biosafety and Nagoya Protocol the Convention´s three main objectives have been made easier to work towardsand to monitor the progress.

Throughout the years the CBD have been workingalongside other conventions, treaties and international organizations which has opened the horizon to expanding their knowledge and power to implement, expansion to cover other types of regimesthat achieve a common purposebetween the collaborators.

Eventhough it might me impliedthat a single structure for successful cooperation partnerships exists, it can be argued that an individual case by case tackle is more appropriate due to the varied circumstances dependent on success. Nevertheless, the former is goals oriented which have been formally agreed upon, whether formed from adopted schedules of work, targets or strategies. A flexible approach with room for creativity, may provide more better results in the case of long-term cooperation agreements.

The COP on the Convention on Biological Diversity continues to invite collaboration due to the achievements made in present and past linkages. The Convention benefits from a large scope of connections with other conventions and organisations, many of which are bilateral. Successful examples of linkages include facilitating policycoherence, promoting implementation and benefit-sharing.

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