CBD: what the convention says - Convention on Biological Diversity

UN Chronicle, Summer, 1997

The United Nations Convention on Biological Diversity was opened for signature at the United Nations Conference on Environment and Development in June 1992 and became legally binding on 29 December 1993. As of 3 December 1996, 165 countries, including the European Union, had ratified the Convention.

The purposes of the Convention are: to conserve biological species, genetic resources, habitats and ecosystems; to ensure the sustainable use of biological materials; and to provide for the fair and equitable sharing of benefits derived from genetic resources. Included in the Convention are provisions for both "ex-situ conservation" - conservation of biological elements outside their natural habitats - and "in-situ conservation" - conservation of ecosystems and natural habitats and the maintenance of species in their natural surroundings. Maintenance of natural habitats is essential for the conservation of biologically diverse species which would otherwise face extinction.

Convention provisions

The most important provisions of the Convention include:

* The requirement that countries adopt regulations to conserve their biological resources;

* The legal responsibility of Governments for the environmental impact in other countries of activities within their jurisdiction, including those of private corporations;

* Funding to assist developing countries in implementing the Convention's provisions (to be administered through the Global Environment Facility (GEF), pending the determination of a permanent institutional structure);

* The transfer of technology to developing countries on preferential and concessional terms, where such transfer does not prejudice intellectual property rights or patents;

* Participation in biotech research by countries providing genetic resources;

* Fair access to benefits of genetic research by countries providing genetic resources;

* Compensation to developing countries for extraction of their genetic materials;

* Commitment to build capacity in developing countries to implement the Convention through training, awareness-raising and technology transfer exercises.

Conference of Parties

Established by Article 23 of the Convention, the Conference of the Parties to the United Nations Convention on Biodiversity (COP) is mandated: to review the Convention's implementation; to assess scientific, technical and legal advice on biological diversity; and to establish subsidiary bodies as necessary. The COP also considers and adopts amendments and protocols to the Convention as necessary.

The first meeting of the Conference of Parties (COP-1) took place from 28 November to 9 December 1994 in Nassau, the Bahamas. Delegates agreed on basic machinery for implementing the Convention, including designation of a permanent secretariat, establishment of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) and designation of GEF as the interim financial mechanism for the Convention.

At the second meeting of the Conference of Parties (COP-2), held in Jakarta, Indonesia, from 6 to 17 November 1995, Governments decided to locate the secretariat, administered by UNEP, in Montreal, Canada. They also established a clearinghouse mechanism, and a "bulletin board" for sharing information, and agreed to develop a protocol on biosafety. This meeting also established a programme to address the issues of marine and coastal biodiversity, as well as forests and biodiversity, and to provide input to the Intergovernmental Panel on Forests.

COP-3, held in Buenos Aires, Argentina, from 4 to 15 November 1996, established work programmes on agricultural biodiversity and on forest biodiversity, agreed on a Memorandum of Understanding with the GEF, decided to hold an intersessional workshop on Convention Article 8(j) (traditional knowledge, innovations and practices of indigenous and local communities), and called for the Convention's Executive Secretary to apply for observer status to the World Trade Organization's Committee on Trade and the Environment.