Convention on Biological Diversity

• 1. Origins And Negotiation History

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  In November 1988, a United Nations Environment Programme group of experts gathered to discuss the concept of an international convention on biodiversity. This initial meeting laid the groundwork for what would become a global treaty. The following year, a Technical and Legal Experts group formed to draft the legal text addressing conservation and sustainable use. By 1991, an intergovernmental negotiating committee took over the task of finalizing the Convention's text. A Conference for the Adoption of the Agreed Text was held in Nairobi, Kenya, in 1992. Its conclusions were distilled into the Nairobi Final Act. The Convention's text was opened for signature on the 5th of June 1992 at the United Nations Conference on Environment and Development, known as the Rio Earth Summit. By its closing date on the 4th of June 1993, the Convention had received 168 signatures. It entered into force on the 29th of December 1993.

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• 2. Core Objectives And Principles

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  The Convention has three main goals: the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from genetic resources. It recognizes that the conservation of biodiversity is a common concern of humankind. The agreement covers all ecosystems, species, and genetic resources. It links traditional conservation efforts to the economic goal of using biological resources sustainably. The Convention sets principles for the fair and equitable sharing of benefits arising from the use of genetic resources, notably those destined for commercial use. It also covers the rapidly expanding field of biotechnology through its Cartagena Protocol on Biosafety. The Convention reminds decision-makers of the finite status of natural resources and sets out a philosophy of sustainable use. While past conservation efforts were aimed at protecting particular species and habitats, the Convention recognizes that ecosystems, species and genes must be used for the benefit of humans. However, this should be done in a way and at a rate that does not lead to the long-term decline of biological diversity. The Convention also offers decision-makers guidance based on the precautionary principle which demands that where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat.

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• 3. Supplementary Protocols And Frameworks

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  The Convention has two supplementary agreements: the Cartagena Protocol and the Nagoya Protocol. The Cartagena Protocol on Biosafety was adopted on the 29th of January 2000 and entered into force on the 11th of September 2003. It governs the movements of living modified organisms resulting from modern biotechnology from one country to another. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization was adopted on the 29th of October 2010 in Nagoya, Japan, and entered into force on the 12th of October 2014. This protocol provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources. In 2010, the International Year of Biodiversity, the Secretariat of the CBD was its focal point. Following a recommendation of CBD signatories at Nagoya, the UN declared 2011 to 2020 as the United Nations Decade on Biodiversity in December 2010. A new plan, known as the post-2020 Global Biodiversity Framework (GBF), was developed to guide action through 2030. A first draft of this framework was released in July 2021, and its final content was discussed and negotiated as part of the COP 15 meetings. Reducing agricultural pollution and sharing the benefits of digital sequence information arose as key points of contention among Parties during development of the framework. A final version was adopted by the Convention on the 19th of December 2022.

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• 4. Governance Structure And Meetings

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  The Conference of the Parties (COP) serves as the governing body of the Convention, consisting of all governments that have ratified the treaty. The first meeting, COP 1, took place in Nassau, Bahamas, in November and December 1994. Subsequent meetings followed annually for three years before shifting to biennial schedules on even-numbered years. As of April 2024, the acting executive secretary is Astrid Schomaker. Previous secretaries include David Cooper, Elizabeth Maruma Mrema, Cristiana Pașca Palmer, Braulio Ferreira de Souza Dias, Ahmed Djoghlaf, Hamdallah Zedan, Calestous Juma, and Angela Cropper. The CBD Secretariat, based in Montreal, Quebec, Canada, operates under UNEP. Its main functions are to organize meetings, draft documents, assist member governments in the implementation of the programme of work, coordinate with other international organizations, and collect and disseminate information. The Subsidiary Body for Scientific, Technical and Technological Advice (SBSTTA) plays a key role in making recommendations to the COP on scientific and technical issues. It provides assessments of the status of biological diversity and of various measures taken in accordance with the Convention. The Subsidiary Body on Implementation was established in 2014 to replace the Ad Hoc Open-ended Working Group on Review of Implementation of the Convention.

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• 5. Global Implementation Challenges

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  As of 2016, the Convention has 196 Parties, which includes 195 states and the European Union. All UN member states, with the exception of the United States, have ratified the treaty. Non-UN member states that have ratified are the Cook Islands, Niue, and the State of Palestine. The US has signed but not ratified the treaty because ratification requires a two-thirds majority in the Senate and is blocked by Republican Party senators. There have been criticisms of the CBD that its implementation has been weakened due to resistance of Western countries to the implementation of pro-South provisions of the Convention. Although the Convention explicitly states that all forms of life are covered by its provisions, examination of reports shows that in practice this is not happening. Scientists working with biodiversity and medical research are expressing fears that the Nagoya Protocol is counterproductive and will hamper disease prevention and conservation efforts. William Yancey Brown suggested that the Convention should include the preservation of intact genomes and viable cells for every known species and for new species as they are discovered. National Biodiversity Strategies and Action Plans (NBSAPs) are the principal instruments for implementing the Convention at the national level. As of early 2012, 173 Parties had developed NBSAPs.

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• 6. Marine Conservation Initiatives

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  The CBD has a significant focus on marine and coastal biodiversity. A series of expert workshops held between 2018 and 2022 identified options for modifying the description of Ecologically or Biologically Significant Marine Areas (EBSAs). These focused on regions including the North-East Atlantic Ocean, Baltic Sea, Caspian Sea, Black Sea, Seas of East Asia, Mediterranean Sea, and the Pacific Ocean. The aim is to create an international legally binding instrument under UNCLOS to support the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction. This initiative is also known as the BBNJ treaty or High Seas Treaty. The central mechanism involves area-based planning and decision-making. It integrates EBSAs, Vulnerable Marine Ecosystems, and High Seas Marine Protected Areas with Blue Growth scenarios. There is also linkage with the EU Marine Strategy Framework Directive. In November 1994, the International Coral Reef Initiative was launched at the first COP for the Convention on Biological Diversity in Nassau, Bahamas.

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