Convention on Biological Diversity (CBD) Its Major Provisions and Implications

1. Convention on Biological Diversity (CBD)Its Major Provisions and Implications Bimal Kumar Baniya Agriculture Botany Division Khumaltar, Lalitpur NARC February 21, 2007

2. Introduction • Biodiversity {Biological Diversity (BD)} means the variability among living organisms from all sources and the ecosystem of which they are part. • About 13 million species are found and 1.75 million species identified. • Biological recourses are the mainstay of our economical development. • Several international conventions and treaties related to biodiversity are under enforcement. Nepal has adopted some of them. • Convention on Biological Diversity (CBD), 1992 is the most important international convention related to biodiversity,which brought new era in the field of biodiversity.

3. History of CBD • United Nations Environment Programme (UNEP) Nairobi, Kenya, of UNO initiated CBD. • Governing Council of UNEP established the Ad Hoc Working Group of Experts on Biological Diversity to prepare its text on 17 June, 1987. • Ad Hoc Working Group of Experts held three meetings between Nov 1988 to July 1990. • On the basis of the recommendation of this Ad Hoc Group, UNEP Governing Council decided to establish Ad Hoc Working Group of Legal and Technical experts on 25 May 1988 and with the mandate to negotiate the prepared international legal instrument for the conventional and rational use of biological diversity.

4. History of CBD Contd… • The Executive Director of UNEPwas authorized and requested to prepare international legal instruments ready for adoption. • The new Ad Hoc Working Group of Legal and Technical Experts organized two negotiation sessions as follow:

5. History of CBD Contd… • Based on the recommendation of this Ad Hoc Group, UNEP Governing Council renamed it as International Negotiating Committee (INC) for the CBD in May 1991, which organized five negotiating sessions as follow:

6. History of CBD Contd… • The agreed text of CBD was adopted by the Conference of UNEP on 22 May, 1992 in Nairobi, Kenya. More than 100 countries and many international organizations participated the Conference. • Nepal did not take part in the meeting, Negotiating Sessions and Conference. • Decision was made to open CBD adopted text for signature during the Conference on the Convention on Biological Diversity, convened at the time of the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro , Brazil on 5 June, 1992 (The Earth Summit) and remained open there for signature up to 14 June,1992 and at United Nations Headquarter in New York from 15 June, 1992 to 4 June,1993.

7. Present Status • 16 countries signed CBD on June 5, 1992 and other 141countries signed CBD in Brazil up to June 14, 1992. • It came into force on December 29, 1993 as internationally binding document. • Nepal signed on 12 June, 1992, ratified in 23, November 1993 and enforced since February 21, 1994. • Ministry of Forestry and Soil Conservation is the focal point of CBD. • 189 countries are the parties and 168 countries have signed CBD (September, 2006). • USA has signed but not yet ratified CBD. Source: http://www.biodiv.org/world/parties.ash

8. Status Cont…… • CBD content the following • Preamble • 42 articles • 2 Annex • Eight Conference Of the Parties ( COP) meetings were organized up to March, 2006. • Nepal has provided two national reports as required by CBD secretariat.

9. Main features of CBD • Conservation of Biological Diversity (BD) is a common concern of humankind. • States have sovereign right over their biological resources. • States are responsible for conservation and sustainable use of biological resources. • Certain human activities have reduced biodiversity. • Lack of information and knowledge about biodiversity and need to develop scientific, technical and institutional capabilities. • Need to establish the mechanism for fair and equitable sharing of benefits arise from biodiversity and their related traditional knowledge.

10. Main features of CBD Contd… • Need of full participation of women at all levels in policy making and implementation for biodiversity conservation. • Establish strong cooperation among states, regions, intergovernmental organizations and non governmental sectors. • Special consideration to developing countries (more for the LDCs) to provide additional financial resources and relevant technologies. • Commitment to conserve and sustainable use of biological diversity for the benefit of present and future generations.

11. Article 1. Objectives of CBD 1. Conservation of biological diversity. 2. Sustainable use of biological diversity. 3.Fair and equitable sharing of benefits arising from the use of genetic resources. 4. Appropriate access to genetic resources. 5. Transfer of required technologies. 6. Appropriate funding.

12. Article 3. CBD Principles • States have sovereign right to exploit their biological diversity as per their policies. Previously biodiversity was considered heritage of humankind. • State is responsible to control their resources without damaging the environment of other states.

13. Article 5. Cooperation • Each contracting country has to cooperate other countries for the conservation and sustainable use of biodiversity. • The cooperation can be bilateral or multilateral. • If necessary, any party can ask help from competent international organizations for arranging cooperation.

14. Article 6. General Measures for Conservation and Sustainable use (Obligations of the States). • Develop or adopt national strategies, plans or programmes for the conservation and sustainable use of BD. • Integrate these plans into sectoral or cross sectoral plans, programmes and policies.

15. Article 7. Identification and Monitoring • Identification of important social, economical, cultural or scientific components of biodiversity as fallow: 1.Ecosystems : high diversity; endemic, threatened species; migratory species, etc. 2.Species : threatened; wild relatives of domesticated species; medicinal, agricultural or others species. 3. Genetic: genomes and genes. 4.Habitats, processes and communities. • Monitor the above components of biological diversity and fix priority for conservation and use. • Identify the activities having adverse impacts on biodiversity. • Maintain the database of biodiversity related to above four areas.

16. Article 8.In-situ conservation • Establish protected areas in the vulnerable region. • Regulate or manage biological resources within and outside protected areas. • Promote the protection of ecosystems, natural habitats and maintain viable populations of species in natural conditions. • Promote sound and sustainable development programs near the protected areas. • Rehabilitate and restore degraded ecosystem and promote the recovery of the threatened species.

17. Article 8.In-situ conservation cont.. • Regulate, manage or control the risks from the introduction of Living Modified Organisms (LMO) i. e biosafety. • Check the introduction of alien species, if exist control or eradicate them which threaten existing ecosystem, habitats or species. • Respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities. • Develop or maintain policy, legislations and regulations to protect threatened species and their populations.

18. Article 9. Ex-situ Conservation • Ex-situis complementary to in-situconservation. • Priority to the countries of origin of genetic resources. • Adopt measures for the ex-situ conservation of components of biological diversity. • Establish and maintain facilities for ex-situ conservation of plants, animals and micro-organisms. • Recovery and rehabilitation of threatened species. • Collection of biological resources from natural habitats for ex-situ conservation.

19. Article 10. Sustainable use of Components of Biological Diversity. • Integration of conservation and sustainable use of biological resources into national decision making. • Adopt measures to avoid or minimize adverse impacts on biodiversity. • Protect and encourage traditional practices which are compatible with biodiversity conservation. • Encourage cooperation between governmental authorities and private sector for biodiversity use.

20. Article 12. Research and Training • Establish scientific and technical education and training on different aspects of biodiversity. • Specific focus to the need of developing countries. • Promote and encourage research on different aspects of biodiversity.

21. Article 13. Public Education and Awareness. • Promote and encourage awareness through mass media to increase the importance of biodiversity. • Cooperate with other states and international organizations in developing educational and public awareness programmes.

22. Article 15. Access to Genetic Resources • Access to genetic resources is subject to national legislation. • Each state has to facilitate access to genetic resources and create restrictions that run counter to the objective of this convention. • Access should be on mutually agreed terms. • Access should be subject to prior informed consent unless otherwise determined by the party. • The recipient party will conduct research on the genetic resources in collaboration of the providing party. • Each contracting party shall take legislative, administrative and policy measures for sharing the benefits in a fair and equitable way.

23. Article 16. Access to and Transfer of Technology • The contracting parties should provide and/or facilitate access for and transfer of biodiversity friendly technologies (biotechnology also) to others. • The transfer of technology should be in mutually agreed terms. • Preference for the access and transfer of technology should be to the developing countries who provide genetic resources. If the technology is protected by patent or any other IPRs, it should be according to international and national laws. • Each state should take legislative, administrative or policy measures to involve private sector.in technology transfer process.

24. Article 17. Exchange of Information • Exchange of publicly available information. • Exchange information are: -Results of technical, scientific and socio- economic research. -Training and surveying reports. -Specialized knowledge. -Indigenous and traditional knowledge. -Other technologies (including article 16). • Repatriation of information also is needed.

25. Article 18. Technical and Scientific Cooperation. • Promote international technical and scientific cooperation in biodiversity. • Developing countries will have priority in cooperation for human resources development and institutional building. • Joint research programmes and joint ventures among the contracting parties will be developed.

26. Article 20. Financial Resources • Each country will provide financial support and incentives for the promotion of biodiversity. • Developed countries will provide new and additional financial resources to developing countries to achieve the objectives of this convention. • Contribution from other countries and sources on a voluntary basis also will be encouraged. • The developed countries may provide financial resources through bilateral, regional and other multilateral channels. • The parties shall take full account of the specific needs of LCDs in funding and transfer of technology.

27. Article 27. Settlement of Disputes • If dispute arises, the parties concerned shall seek solution by negotiation. • If negotiation failed, then parties concerned will jointly request the CBD office for mediation by a third party. • If negotiation and mediation failed, then arbitration procedure is followed by forming tribunal. • If arbitration also does not work, then submit the dispute to the International Court of Justice.

28. Beneficiaries of CBD • Gene rich countries have sovereign rights on their biodiversity and their economy may rise. • Farming communities will receive their share from the benefits of the biodiversity. • Future generations will be more food secured by the conservation of biodiversity for future need. • Scientific communities will be benefited by the conservation and improvement of genetic recourses. • In long run all the people will be benefited.

29. Conclusion • Nepal is rich in biodiversity, which is the basis of development of Nepal. • WTO and UPOV may affect biodiversity negatively. • CBD favors developing countries. • CBD focal point is working slowly. • Awareness on CBD will help to develop our country. • Urgent need to protect and use our biodiversity wisely. • Only National Biodiversity Strategy is available. Need of other legal documents i. e. policies, laws and regulations on biodiversity.

30. Thank You