Curtain raiser

The Convention on Biological Diversity was opened for signatureat the Earth Summit in Brazil on 5 June 1992 and entered intoforce on 29 December 1993. It contains three national levelobligations: to conserve, to sustainably use,  and to share thebenefits of biological diversity. The Convention reflects thepolicy and scientific recommendations of a number of groups,beginning with substantive inputs from the IUCN. Formalnegotiations began in November 1988 when UNEP convened a seriesof expert group meetings pursuant to Governing Council decisions14/26 and 15/34 of 1987. The initial sessions were referred to asmeetings of the Ad Hoc Working Group of Experts on Biological Diversity. By the summer of 1990, a new Sub-Working Group onBiotechnology was established to prepare terms of reference onbiotechnology transfer. Other aspects of biodiversity wereincluded, such as in situ and ex situ conservation of wildand domesticated species; access to genetic resources andtechnology, including biotechnology; new and additional financialresources, and safety of release or experimentation ongenetically-modified organisms (also known as biosafety). In1990, UNEP’s Governing Council established an Ad Hoc WorkingGroup of Legal and Technical Experts to prepare a newinternational legal instrument for the conservation andsustainable use of biological diversity. Former UNEP ExecutiveDirector Mostafa Tolba prepared the first formal draft Conventionon Biological Diversity, which was considered in February 1991 byan Intergovernmental Negotiating Committee(INC). The first INCmeeting was also known as the third session of the Ad HocWorking Group of Legal and Technical Experts. The INC met fourmore times between February 1991 and May 1992, culminating in theadoption of the final text of the Convention in Nairobi, Kenya on22 May 1992. In May 1993, UNEP’s Governing Council establishedthe Intergovernmental Committee on the Convention on BiologicalDiversity (ICCBD) to prepare for the first meeting of theConference of the Parties (COP) and to ensure effective operationof the Convention upon its entry into force. UNEP’s ExecutiveDirector, Elizabeth Dowdeswell, established four expert panels toprovide advice to the first ICCBD: Panel 1-Priorities for Actionand Research Agenda; Panel 2- Economic Implications and Valuationof Biological Resources; Panel 3-Technology Transfer andFinancial Resources; and Panel 4-Safe Transfer, Handling and Useof Living Modified Organisms Resulting from Biotechnology. Inaddition, the Norwegian Government and UNEP hosted an ExpertConference on Biodiversity, held in Trondheim, Norway from 24-28May 1993 to provide input to the preparatory work for the ICCBD.The first session of the ICCBD met in Geneva from 11-15 October1993. After a halting start, due to procedural problems thatresulted from the 16-month gap between the last session of theINC and this meeting, the ICCBD made progress in addressing thelong list of tasks mandated to it. The ICCBD established twoWorking Groups. Working Group I dealt with the conservation andsustainable use of biological diversity, the scientific andtechnical work between meetings and the issue of biosafety.Working Group II tackled issues related to the financialmechanisms, the process for estimating funding needs, the meaningof full incremental costs, the rules of procedure for the COP,and technical cooperation and capacity-building. Despite severalsessions of substantive debate, the Working Groups were not ableto produce reports that could be approved by the Plenary. As alast minute solution, the Plenary adopted only two decisions: theestablishment of a scientific and technical committee that wouldmeet before the second session of the ICCBD; and a request to theSecretariat to use the unadopted working groups’ reports asguidance during the intersessional period. The second session ofthe ICCBD met in Nairobi from 20 June to 1 July 1994. During thetwo-week session, delegates addressed a number of issues inpreparation for the first COP. These included: institutional,legal and procedural matters; scientific and technical matters;and matters related to the financial mechanism. Progress was madeon issues including: rules of procedure; the subsidiary body onscientific, technical and technological advice (SBSTTA); and theclearing-house mechanism. However, many delegates felt thatsubstantive negotiations had been hastily postponed on suchcritical issues as: the need for a biosafety protocol; ownershipof and access to ex situ genetic resources; farmers’ rights;and the financial mechanism.

A BRIEF HISTORY OF THE CONVENTION ON BIOLOGICAL DIVERSITY

The Convention on Biological Diversity was opened for signatureat the Earth Summit in Brazil on 5 June 1992 and entered intoforce on 29 December 1993. It contains three national levelobligations: to conserve, to sustainably use,  and to share thebenefits of biological diversity. The Convention reflects thepolicy and scientific recommendations of a number of groups,beginning with substantive inputs from the IUCN. Formalnegotiations began in November 1988 when UNEP convened a seriesof expert group meetings pursuant to Governing Council decisions14/26 and 15/34 of 1987. The initial sessions were referred to asmeetings of the Ad Hoc Working Group of Experts on BiologicalDiversity. By the summer of 1990, a new Sub-Working Group onBiotechnology was established to prepare terms of reference onbiotechnology transfer. Other aspects of biodiversity wereincluded, such as in situ and ex situ conservation of wildand domesticated species; access to genetic resources andtechnology, including biotechnology; new and additional financialresources, and safety of release or experimentation ongenetically-modified organisms (also known as biosafety). In1990, UNEP’s Governing Council established an Ad Hoc WorkingGroup of Legal and Technical Experts to prepare a newinternational legal instrument for the conservation andsustainable use of biological diversity. Former UNEP ExecutiveDirector Mostafa Tolba prepared the first formal draft Conventionon Biological Diversity, which was considered in February 1991 byan Intergovernmental Negotiating Committee(INC). The first INCmeeting was also known as the third session of the Ad HocWorking Group of Legal and Technical Experts. The INC met fourmore times between February 1991 and May 1992, culminating in theadoption of the final text of the Convention in Nairobi, Kenya on22 May 1992. In May 1993, UNEP’s Governing Council establishedthe Intergovernmental Committee on the Convention on BiologicalDiversity (ICCBD) to prepare for the first meeting of theConference of the Parties (COP) and to ensure effective operationof the Convention upon its entry into force. UNEP’s ExecutiveDirector, Elizabeth Dowdeswell, established four expert panels toprovide advice to the first ICCBD: Panel 1-Priorities for Actionand Research Agenda; Panel 2- Economic Implications and Valuationof Biological Resources; Panel 3-Technology Transfer andFinancial Resources; and Panel 4-Safe Transfer, Handling and Useof Living Modified Organisms Resulting from Biotechnology. Inaddition, the Norwegian Government and UNEP hosted an ExpertConference on Biodiversity, held in Trondheim, Norway from 24-28May 1993 to provide input to the preparatory work for the ICCBD.The first session of the ICCBD met in Geneva from 11-15 October1993. After a halting start, due to procedural problems thatresulted from the 16-month gap between the last session of theINC and this meeting, the ICCBD made progress in addressing thelong list of tasks mandated to it. The ICCBD established twoWorking Groups. Working Group I dealt with the conservation andsustainable use of biological diversity, the scientific andtechnical work between meetings and the issue of biosafety.Working Group II tackled issues related to the financialmechanisms, the process for estimating funding needs, the meaningof full incremental costs, the rules of procedure for the COP,and technical cooperation and capacity-building. Despite severalsessions of substantive debate, the Working Groups were not ableto produce reports that could be approved by the Plenary. As alast minute solution, the Plenary adopted only two decisions: theestablishment of a scientific and technical committee that wouldmeet before the second session of the ICCBD; and a request to theSecretariat to use the unadopted working groups’ reports asguidance during the intersessional period. The second session ofthe ICCBD met in Nairobi from 20 June to 1 July 1994. During thetwo-week session, delegates addressed a number of issues inpreparation for the first COP. These included: institutional,legal and procedural matters; scientific and technical matters;and matters related to the financial mechanism. Progress was madeon issues including: rules of procedure; the subsidiary body onscientific, technical and technological advice (SBSTTA); and theclearing-house mechanism. However, many delegates felt thatsubstantive negotiations had been hastily postponed on suchcritical issues as: the need for a biosafety protocol; ownershipof and access to ex situ genetic resources; farmers’ rights;and the financial mechanism.

CHALLENGES FOR THE COP:

Many delegates and NGOs alike had hoped that that the secondICCBD could have relieved the COP of the need to address a numberof organizational and procedural matters. Nevertheless, someunresolved procedural matters will have to be addressed by thefirst COP. These include: outstanding rules of procedure (Rule 4- Periodicity; Rule 21 - Bureau; Rule 40 - Decision-makingregarding Article 21); the identification of a competentorganization to serve as the Secretariat; the operation of thefinancial mechanism; and the number of working languages atfuture meetings. Delegates will also have to address theconstitution of the SBSTTA, since the success of the COP dependsto a significant degree on this subsidiary body. At this point,what is most important to the successful implementation of theConvention is that the necessary groundwork be laid to ensure theeffective functioning of the COP, its subsidiary bodies and theSecretariat. Once in place, the Parties can begin the difficultprocess of: monitoring the implementation of the Convention;addressing issues of non-compliance; and dealing with outstandingand emerging substantive issues, such as biosafety, ownership andaccess to ex situ genetic resources; and the rights ofindigenous groups, farmers and other sectors.

INTERSESSIONAL ACTIVITIES TRADE AND ENVIRONMENT COMMITTEE OF THE WTO:

The Sub-Committee on Trade and Environment of PreparatoryCommittee to the World Trade Organization met for one day on 12July 1994 in Geneva. The issues discussed in this Committee werea continuation of those dealt with by the recently revived, butnow defunct, Group on Environmental Measures and InternationalTrade. This meeting addressed those issues to which governmentshave assigned priority, building on discussions held within theGATT. THE FIRST SESSION OF THE COUNCIL OF THE GLOBALENVIRONMENTAL EXPERT WORKSHOP ON THE CONTRIBUTION OF THECONFERENCE OF THE PARTIES ON THE CONVENTION ON BIOLOGICALDIVERSITY TO THE 1995 SESSION OF THE COMMISSION ON SUSTAINABLEDEVELOPMENT: The Government of Spain convened this experts groupmeeting in Madrid from 11-14  October 1994. Experts from 22countries, the European Commission, UNEP, FAO and the UNSecretariat and six NGOs attended. The key conclusions included:the need to address biodiversity in both sustainable developmentand sectoral plans; the need for closer coordination andintegration between the Biodiversity Convention and the Agenda21; and the importance for all CSD member states to ratify theConvention. LATIN AMERICAN CONFERENCE ON BIOLOGICAL DIVERSITY:This Conference was held in Lima, Peru, from 7-8 November 1994 toenable Latin American and Caribbean countries to develop a commonposition for the first COP. Some of their key recommendationsinclude: annual meetings of the COP; adoption of the GEF as aninterim institutional structure; the need for consistency betweenprojects that are financed through the Convention’s financialmechanisms and national development priorities; fullparticipation in all subsidiary bodies; and fair and equitableaccess to and transfer of technology. INTERNATIONAL FORUM ONBIODIVERSITY: UNESCO, in cooperation with the InternationalUnion of Biological Sciences, the International Council ofScientific Unions and the French Government, hosted thisinternational forum in Paris from 5-9 September 1994. Over 200scientists, industry representatives, NGOs and policymakersattended. The Forum consisted of three panels on scientificissues, one on in situ and ex situ conservation, threepanels on the economics of biodiversity, one on the importance ofthe urban environment and one on the ethical, cultural andeducational aspects of biodiversity. WORKSHOP ON POLICIES,STRATEGIES, PROGRAMME PRIORITIES AND ELIGIBILITY CRITERIA FORACCESS TO AND UTILIZATION OF FINANCIAL RESOURCES: The Governmentof Germany hosted this meeting in Vilm, Germany on 20-21 October1994. Representatives from 12 countries, 4 NGOs, several IGOs,the Biodiversity Interim Secretariat, the European Commission,the GEF and UNEP discussed priority-setting for the financialmechanism under the Biodiversity Convention. The primaryobjective was to identify convergent and divergent views aroundArticle 22 with a view to facilitating further work on financialissues within the first COP. WORKSHOP ON THE CLEARING-HOUSEMECHANISM: The Governments of Bahamas and Sweden co-hosted aninformal workshop in the Bahamas last week. The workshopaddressed the study that was carried out by the StockholmEnvironment Institute on the aims, scope, functions andgovernance of a broad-based clearing-house mechanism under theBiodiversity Convention. GLOBAL BIODIVERSITY FORUM: IUCN, WRI andUNEP sponsored a second Global Biodiversity Forum that was heldin Nassau on 26-27 November, 1994. The Forum brought togetherNGOs, government representatives and UN officials to address:priority-setting in the context of the Convention; countryexperiences and institutional perspectives in priority-setting;and the importance of coastal/marine biodiversity. INTERSESSIONALCONSULTATIONS: It was agreed at the second ICCBD session thatintersessional consultations would be held to address unresolvedissues and to attempt to lighten the over-burdened agenda of thefirst COP. Some of the issues that were addressed during the twodays preceding the COP included: the periodicity of COP meetings;the decision-making process governing the choice of the financialmechanism; the election of the Chair of the SBSTTA; Bureau sizeand composition; voting procedures; the Chair of the Plenary andthe Committee of the Whole; the number of working languages; andthe location of the Secretariat. By early Sunday evening,delegates had agreed to a 10 member Bureau.

THINGS TO LOOK FOR TODAY PLENARY:

The opening ceremony will commence at 10 am. Statements will bemade by Elizabeth Dowdeswell, Executive Director of UNEP, theVice-President of the General Assembly, a representative of theSecretary-General of the United Nations, and H.E. HubertIngraham, Prime Minister of the Bahamas. The Plenary will convenefrom 11:30 am to 1:30 pm to consider agenda items 2 (organizationmatters), 3 (rules of procedure), and 4 (report of the ICCBD) ofthe provisional agenda. THE COMMITTEE OF THE WHOLE: TheCommittee of the Whole will meet from 3 to 6 pm to consider item6.1 (policy, strategy, programme priorities and eligibilitycriteria regarding access to and utilization of financialresources).