The Convention on Biological Diversity: Update

by Doreen Robinson (Morocco, 92-94)

                    The Convention on Biological Diversity (CBD), negotiated under the auspices of the United Nations Environment Program, was one of the five major "Earth Summit" agreements.  The convention entered into force on December 29, 1993 and has been ratified by over 170 countries.  The main goals of the CBD, as put forth in Article 1, include "…the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources…".  To date four Conferences of the Parties have been held, with a fifth one scheduled for 15-26 May 2000 in Nairobi, Kenya.
Early Decisions
During the first Conference of the Parties, held in Nassau, the Bahamas in November of 1994 some key decisions were made regarding the Convention, including the designation of a Permanent Secretariat, the establishment of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) and a Clearinghouse Mechanism.  Also, the Global Environment Facility (GEF) was designated as the interim institutional structure for the financial mechanisms to support the Convention. 
During COP 2, in Jakarta, Indonesia in November of the following year the Secretariat was permanently located in Montreal, Canada.  The first substantive issue, marine and coastal biodiversity, was considered during this conference.  Perhaps one of the more significant outcomes of this meeting was the establishment of an Open-ended Ad Hoc Working Group on Biosafety. 
At its third meeting, held in Buenos Aires Argentina in November 1996, the COP elaborated a work program on agricultural biodiversity and a more limited one on forest biodiversity.  They also reached an agreement to hold an intersessional workshop on traditional knowledge, held in Madrid, Spain in 1997, and the Executive Secretary applied for observer status to the World Trade Organization Committee on Trade and the Environment.  The last Conference of Parties was held in Bratislava, Slovakia from 4-15 May 1998. During this COP, Working Group I was charged with reviewing a report related to the status and trends of biodiversity of inland water ecosystems, programs of work related to marine and coastal biodiversity, agricultural biodiversity and forest biodiversity.  This group also discussed the need for increased participation of indigenous and local communities in the Convention, and an ad hoc, open-ended, intersessional working group was established.  Other significant decisions taken at the COP included a review of national reports and recommendations for standardizing format and increasing stakeholder participation in the report preparation process; a review of financial resources and mechanisms; a review of operations of the Convention; and synergies with other international conventions.  One important outcome of this conference was that efforts were made towards streamlining operations,  and a new work program was developed based on key thematic issues for future COPs.

Biosafety Protocol
Modern biotechnology has allowed scientists to genetically and biochemically modify plants, animals and microorganisms to create living, modified organisms.  Precautionary practices associated with the safe transfer, handling, use and disposal of such organisms and their byproducts, known as "biosafety", are regulated by domestic legislation in a number of countries around the world.  However, there are no binding international agreements in place to regulate the transfer of living, modified organisms across national borders.  Biosafety has been one of the most contentious issues associated with CBD since its adoption. The Open-ended Ad Hoc Working Group on Biosafety (BSWG), created at COP-2, held its first meeting in Aarhus, Denmark in July of 1996 to discuss the elements of a protocol regulating biosafety.  Since that time, six different sessions of the working group have been held to discuss the protocol, none of which have resulted in any final text being adopted. 
The sixth meeting of the working group was held in Cartagena, Colombia in February of 1999.  Over 600 participants representing 138 governments, business and environmental NGOs, and the scientific community were present during 10 days of non-stop debate.  No agreement on a protocol was reached, and according to the International Institute for Sustainable Development, the main areas of contention centered on trade issues, treatment of commodities and domestic vs. international regulatory regimes.  The COP Bureau decided that a consultation with the major negotiating groups formed under the BSWG would take place around the Fourth meeting of the CBD's SBSTTA and the First Intersessional meeting on the Operations of the Convention, which was held in Montreal from 21-30 June 1999.
               Informal consultations on the biosafety protocol were held only a few weeks ago in mid-September in Vienna, Austria to push the process forward.  The purpose of this meeting was to focus more on coming to agreement on concepts, rather than on drafting the text for the protocol itself. At this meeting, inclusion of commodities under the protocol was the most problematic issue, with both exporting industries and developing countries expressing significant concerns.  Other important concerns discussed at the meeting include a concern over availability of accurate information, information-sharing abilities and procedures and notification procedures.  While all groups attending the meeting confirmed their support and political will to conclude a protocol, significant disagreements regarding concepts and language still need to be hammered out.  Negotiations on the protocol will resume again at a meeting to be held in Montreal from 20-28 January 2000.

Upcoming Issues

During COP 4, work programs were created for detailed discussions of topics at the following three COPs, in an effort to streamline processes.  During COP 5, three main thematic areas will be discussed in detail, including: 1. Dryland, Mediterranean, arid, semi-arid, grassland and savanna ecosystems, 2.  Sustainable use, including tourism, and 3. Access to genetic resources.  For COP 6, key thematic areas include forest ecosystems, alien species, and benefit sharing will take place. And COP 7 will consider mountain ecosystems, protected areas and transfer of technology and technology cooperation.
The Convention on Biological Diversity has experienced considerable growing pains as it has slowly progressed out of its infancy.  As recently as COP 4, significant issues and debates have been stymied by organizational and administrative challenges.  As an "umbrella" type convention, the scope of its reach presents both complex challenges and significant opportunities, particularly in relation to other
conventions, such as Climate Change, the Ramsar Convention on wetlands, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). 
The diversity of topics outlined for the forthcoming COPs indicate that some of the most important and often most controversial issues related to biodiversity will be taken on by governments, yet given the CBD's slow progress to date it remains uncertain how effective this body will be at resolving the most critical issues.

For more information on the Convention on Biological Diversity or biodiversity in general:

International Institute for Sustainable Development
www.iisd.ca/linkages/biodiv/

The Convention on Biological Diversity Secretariat
www.biodiv.org

The Global Environmental Facility
www.gefweb.org

Global Biodiversity Forum
www.wri.org/biodiv/gbf/

Biodiversity Conservation Network (Supported by the Biodiversity Support Program)
www.bcnet.org
Biodiversity Support Program