New Steps Of Change: Looking Beyond Protected Areas To Consider Other Effective Area-Based Conservation Measures

In 2010, the Conference of the Parties to the Convention on Biological Diversity adopted the Aichi Biodiversity Targetsas part of the Strategic Plan for Biodiversity 2011-2020. Target 11 calls for ‘at least 17 per cent of terrestrial and inland water areas and 10 per cent of coastal and marine areas’ to be conserved by way of ‘well-connected systems of protected areas and other effective area-based conservation measures’. Yet four years after their adoption, parties to the CBD and other rights- and stakeholders have not received guidance about either what kinds of arrangements do and do not constitute ‘other effective area-based conservation measures’, or how best to appropriately recognise and support them.

This paper by Harry Jonas, Valentina Barbuto, Holly Jonas, Ashish Kothari, and Fred Nelson argues that without clear guidance on the issue, conservation law and policy will continue to inappropriately and/or inadequately recognise the great diversity of forms of conservation and sustainable use of ecosystems and their constituent elements across landscapes and seascapes, including by Indigenous peoples and local communities.

In this context, and in line with calls from the Convention on Biological Diversity and the IUCN, it proposes the establishment of an IUCN Task Force to further explore the issues with a view to developing clear guidance on ‘other effective area-based conservation measures’ as a means to effectively and equitably achieve Aichi Biodiversity Target 11. The full paper is available for download here.

Nagoya Protocol Enters into Force

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization will entered into force on October 12, 2014, providing the world with a mechanism to ensure that access to and the sharing of the benefits from the use of genetic resources, and associated traditional knowledge, happen in a context of transparency and with equity.

Natural Justice, and other organisations that have worked tirelessly to bring this dream to fruition.  In July, the requisite number of ratifications was attained, and the stage set for its entry into force. Ever since its founding, Natural Justice has been supporting communities in exploring how biocultural community protocols can assist them to engage with Access and Benefit Sharing (ABS) according to their values. This is in addition to the technical advice that NJ has constantly availed at all levels, from the sub-national to the international.

The fair and equitable sharing of benefits from genetic resources is one of the three main objectives of the CBD, with the other two being the conservation of biological diversity and the sustainable use of its components. The Nagoya Protocol on Access and Benefit-sharing provides a legal framework to ensure that the access and utilization of genetic resources coming from plants, animals, bacteria or other organisms for commercial, research or other purposes, be created on the basis of access and benefit-sharing agreements between providers and users which entail prior informed consent and mutually agreed terms. Benefits received in exchange for access to genetic resources can be monetary or non-monetary, including, for instance, technology transfer, joint research or capacity-building activities. Allowing Parties to fully benefit from their genetic resources generates new opportunities and incentives for conserve and sustainably use biodiversity.

The Protocol also addresses issues related to access to and benefit-sharing from the use of traditional knowledge associated with genetic resources held by indigenous and local communities. In this regard, Parties are to take measures to ensure prior informed consent and fair and equitable benefit-sharing with these communities, keeping in mind community laws and procedures as well as customary use and exchange. Read the full press release here.

CBD Alliance Publishes an Activists' Guide to the CBD

The CBD Alliance is proud to announce the publishing of the "Activists' Guide to the CBD". The guide describes the work of the Convention on Biological Diversity (CBD), its structures, its protocols, cross cutting issues, among other valuable resources. The  guide is intended to provide a simple and accessible introduction to the Convention on Biological Diversity and current efforts to protect biodiversity. It aims to reflect a range of views held by members of the CBD Alliance, and includes summaries of CBD materials and other resources. The guide is aimed at those new to the CBD processes, as well as anyone wishing to deepen their understanding of the work being undertaken by different parties at an international level.

A Hard-Fought Victory: Nagoya Protocol Achieves Requisite Numbers for Entry into Force

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization will enter into force on 12 October 2014 following its ratification by 51 Parties to the Convention on Biological Diversity (CBD).

This is a proud moment for Natural Justice, and other organisations that have worked tirelessly to bring this dream to fruition. Ever since its founding, Natural Justice has been supporting communities in exploring how biocultural community protocols can assist them to engage with Access and Benefit Sharing (ABS) according to their values. This is in addition to the technical advice that NJ has constantly availed at all levels, from the sub-national to the international.

In the last weeks, 12 countries have deposited their instruments including Belarus, Burundi, Gambia, Madagascar, Mozambique, Niger, Peru, Sudan, Switzerland, Vanuatu, Uganda, and today, Uruguay.

In May, Namibia became the 35th country to accede to the Protocol, and the momentum picked up in the subsequent months, culminating in its entry into force. Natural Justice is proud to have partnered Namibia in achieving this success.

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization was adopted at the tenth meeting of the Conference of the Parties in 2010, in Nagoya, Japan, and significantly advances the objective of the Convention on the fair and equitable sharing of benefits arising from the utilization of genetic resources by providing greater legal certainty and transparency for both providers and users of genetic resources. By promoting the use of genetic resources and associated traditional knowledge, and by strengthening the opportunities for fair and equitable sharing of benefits from their use, the Protocol will create incentives to conserve biodiversity, sustainably use its components, and further enhance the contribution of biodiversity to sustainable development and human well-being.

Its entry into force will mean that the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol can now be held from 13 to 17 October 2014, concurrently with the twelfth meeting of the Conference of the Parties to the Convention on Biological Diversity, in Pyeongchang, Republic of Korea.

The Ratification of the Nagoya Protocol by 51 Parties to the CBD represents a major step towards achieving Aichi Biodiversity Target 16, which states that, “by 2015, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization is in force and operational, consistent with national legislation.”

This major step will also  provide greater legal certainty and transparency for both providers and users of genetic resources, creating a framework that promotes the use of genetic resources and associated traditional knowledge while strengthening the opportunities for fair and equitable sharing of benefits from their use. Hence, the Protocol will create new incentives to conserve biodiversity, sustainably use its components, and further enhance the contribution of biodiversity to sustainable development and human well-being.

"Catching a Leopard by its Tail": SBSTTA 18 Wraps Up, Ahead of COP12

SBSTTA Chair Gemedo Dalle Tussie

The 18th meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) closed on 28 June 2014 after six intensive days of discussions and negotiations among the Parties and observers. In keeping with the format first used at the SBSTTA 17 in October 2013, the CBD Secretariat developed official and information documents, but left the task of developing draft recommendation to committees convened during the meeting. As the Chair of SBSTTA Gemedo Dalle Tussie (Ethiopia) stated in opening the meeting, this format was akin to catching a leopard by the tail, and once you have done so, you must hold on tight.

Several major issues were on the agenda this year, including Item 3: Global Biodiversity Outlook (GBO 4). The GBO 4 will be launched at this year’s COP. The GBO 4 concludes that while some progress is being made toward many of the Aichi Targets, they will not be reached by 2020, and we are actually moving away from several targets, in particular targets 4, 8, 10, 12, and 14. Item 4: Marine and Coastal Biodiversity included sub-item 4.1 on ecologically or biologically significant marine areas (EBSAs). Currently, the criteria for determining whether an area is an EBSA have a western scientific focus, although the draft recommendation on EBSAs does note the importance of traditional knowledge and calls for Indigenous and local communities to participate in the process. Item 5: Invasive Alien Species included sub-item 5.1 on Management of Risks Associated with Intro of Alien Species as Pets, Live Bait and Live Food. Notably, the draft recommendation for this agenda item includes voluntary guidelines to be known as "Guidance on devising and implementing measures to address the risks  associated  with the introduction of  alien species as pets, aquarium and  terrarium species, and as live bait and live food."

Item 6: New and Emerging Issues: Synthetic Biology, generated much debate during the plenary sessions. One of the major disagreements among countries is over whether synthetic biology can be considered a “new and emerging issue” that would bring it within SBSTTA's mandate. Some countries such as Brazil argued that synthetic biology does not satisfy the new and emerging issue criteria set forth in decision IX/29, while other such as Costa Rica argued that it was a new and emerging issue. Ultimately, the Parties decided to put the decision off to a later date, and the draft recommendation to COP suggests that synthetic biology be addressed at another SBSTTA meeting before COP 13. With regard to Item 8: Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES), there still appears to be some questions on the part of the Parties as to how IPBES will coexist with SBSTTA. IPBES is certainly moving forward, however, and it has received funding from countries and is in the process of hiring experts to meet its deliverables.

Item 9: Issues in Progress included sub-items Items 9.1 and 9.2, which relate to developing deeper links between the biodiversity and climate change agendas. These items generated much debate, and the statements of many Parties indicated a general reluctance to integrate biodiversity and climate change, especially with regard to REDD and biodiversity safeguards. The draft recommendation does encourage Parties and invites other Governments to integrate ecosystem-based approaches into their national policies and programmes related to climate change adaptation, but otherwise much of the text is bracketed. Item 9.4 dealt with ecosystem restoration and conservation. The draft recommendation references ICCAs by inviting “Parties and other Governments, intergovernmental organizations and other relevant organizations: ... To support indigenous and local communities in their efforts to conserve biodiversity via mechanisms such as inter alia indigenous and local community conserved areas (ICCAs) with a view to contributing to the achievement of Aichi Biodiversity Targets 11, 13, 14, 16 and 18.”

Overall, while many important items were on the SBSTTA agenda this year, some of the big decisions, such as on synthetic biology and integrating biodiversity and climate change safeguards, do not look like they will be taken up at COP 12.

Ninth Issue of [square brackets] Published

The Secretariat of the Convention on Biological Diversity (CBD) and the CBD Alliance have jointly produced the ninth issue of the [square brackets] newsletter to coincide with the recent meeting of the Subsidiary Body on Scientific, Technical and Technological Advice.

This issue of [square brackets] includes articles on coral reefs in the Western Indian Ocean, implementation of Aichi Target 3 in the livestock sector (by Mia MacDonald and Simone Lovera), and biofuel subsidies, among others. The ninth issue of [square brackets] is available for download here.

18th Meeting of the CBD SBSTTA Begins in Montreal

23 June 2014 marked the opening day of the 18th meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) in Montreal. Several critical issues are on the agenda this year as the Parties prepare for the 12th Conference of the Parties in South Korea in October. These issues include synthetic biology, marine and coastal biodiversity, the fourth edition of the Global Biodiversity Outlook (GBO-4), invasive alien species, the Intergovernmental Science-Policy Platform for Biodiversity and Ecosystem Services (IPBES), and harmful incentives (link to meeting documents).

Synthetic biology is important for a number of reasons, including the potential for users to bypass the Nagoya Protocol through the transfer of digital information rather than genetic material itself. It is anticipated that countries in favor of synthetic biology will call for additional studies and argue that an agreed definition of the term is needed in order to delay any action on the matter by the CBD. However, several studies have already been undertaken, and extensive precedent exists for Parties entering into agreements despite a lack of of key terms being defined (i.e. the Cartagena Protocol). Marine and coastal biodiversity is also a key issue, and civil society has called for real action to address ocean acidification, underwater noise and marine debris.

Also of note is the ongoing preparation of the GBO-4, which will be launched at COP 12 and is currently open for comment until 9 July (although during the 1st plenary session some Parties asked for this date to be extended). GBO-4 includes extensive statistical analysis to predict the likelihood of achieving the Aichi Targets by 2020, and it concludes that while progress is being made toward achieving most of the Targets, most will not be achieved by 2020.

Natural Justice is attending SBSTTA 18 and will be monitoring the discussions throughout the week.

Natural Justice at IDLO Roundtable at WGRI 5 on Legal Preparedness Regarding NBSAPs

On 21 June 2014, IDLO and the CBD Secretariat hosted a Roundtable on Legal Preparedness for Implementing and Mainstreaming National Biodiversity Strategies and Action Plans (NBSAPs). The event was designed to raise awareness of legal tools available to assist countries to use law to achieve the Aichi Targets and to allow Parties to share their experiences regarding implementation of their NBSAPs. Several countries shared their experiences, with many noting common themes such as inadequate awareness of legislation relevant to biodiversity; inadequate funding for biodiversity; and the related issue of difficulty with obtaining funds due to cost/benefit analysis that does not adequately capture the value of biodiversity.

Several organizations, including the ABS Capacity Building Initiative, the IUCN, and Natural Justice also gave interventions regarding their work. Jael Makagon highlighted the ICCA Legal Reviews coordinated by Natural Justice in 2012, noting that recognition of and respect for ICCAs is a way of achieving all of the Aichi Targets. While supportive formal law and implementation of law are crucial aspects of conserving and sustainably using biodiversity, achieving the Aichi Targets also needs institutional support as well. One way of doing so is for Parties to recognize and support ICCAs in their NBSAPs.

CBD Executive Secretary Braulio Dias provided closing remarks, noting that while the "political will" of government officials is important, the political will of society is even more important to put pressure on the government to achieve the goals of the CBD. He also highlighted the importance of governments partnering with communities to achieve the Aichi Targets, and hinted that the issue of traditional knowledge, which has been discussed for so many years at WIPO without much progress, will be taken up substantively at this year's Conference of the Parties.

Namibia Accedes to the Nagoya Protocol

Namibia has become the 35th country to accede to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.

With this accession, Namibia is now officially a Party to the NP under the Convention of Biological Resources (CBD). 

Natural Justice takes this opportunity to congratulate Namibia on the superlative work done towards this accession, and commits to supporting their ongoing work in meeting its obligations under the Protocol.