Biodiversity Agreement Historic But Difficult to Implement

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Biodiversity

Government delegations celebrate the close of the historic negotiation at COP15 of the New Global Framework on Biodiversity in the early hours of the morning on Monday Dec. 19, at the Palais des Congrès in Montreal, Canada. CREDIT: Mike Muzurakis/IISD

MONTREAL, Dec 19 2022 (IPS) – The pillar coral (Dendrogyra cylindrus), which takes its name from its shape, is found throughout the Caribbean Sea, but its population has declined by more than 80 percent since 1990. As a result, the International Union for Conservation of Nature (IUCN) has listed it as “critically endangered” due to the effects of the human-induced climate crisis.


Its fate now depends on the new Kunming-Montreal Global Framework on Biodiversity, which was agreed by the 15th Conference of the Parties (COP15) to the Convention on Biological Diversity (CBD) on Monday Dec. 19, at the end of the summit held since Dec. 7 at the Palais des Congrès in Montreal.

Now, the world’s countries must translate the results into national biodiversity strategies, to comply with the new accord. In this regard, David Ainsworth, spokesman for the CBD, in force since 1993 and based in Montreal, announced the creation of a global accelerator for the drafting of national plans, with the support of U.N. agencies.

COP15 of the Convention on Biological Diversity approved a new program to protect the world's natural heritage for the next 10 years during the summit held in the Canadian city of Montreal. The picture shows a statue of a polar bear, whose species is threatened by melting ice and habitat loss, on a street in Montreal. CREDIT: Emilio Godoy/IPS

COP15 of the Convention on Biological Diversity approved a new program to protect the world’s natural heritage for the next 10 years during the summit held in the Canadian city of Montreal. The picture shows a statue of a polar bear, whose species is threatened by melting ice and habitat loss, on a street in Montreal. CREDIT: Emilio Godoy/IPS

The menu of agreements

COP15, whose theme was “Ecological Civilization: Building a shared future for all life on earth”, approved four objectives on improving the status of biodiversity, reducing species extinction, fair and appropriate sharing of benefits from access to and use of genetic resources, and means of implementation of the agreement.

In addition, the plenary of the summit, which brought together some 15,000 people representing governments, non-governmental organizations, academia, international bodies and companies, agreed on 23 goals within the Global Framework, for the conservation and management of 30 percent of terrestrial areas and 30 percent of marine areas by 2030, in what is known in U.N. jargon as the 30×30.

This includes the complete or partial restoration of at least 30 percent of degraded terrestrial and marine ecosystems, as well as the reduction of the loss of areas of high biological importance to almost zero.

Likewise, the agreement reached by the 196 States Parties at COP15 includes the halving of food waste, the elimination or reform of at least 500 billion dollars a year in subsidies harmful to biodiversity, and at least 200 billion dollars in funding for biodiversity by 2030 from public and private sources.

It also endorsed increasing financial transfers from countries of the industrialized North to nations of the developing South by at least 20 billion dollars by 2025 and 30 billion dollars by 2030, and the voluntary publication by companies for monitoring, evaluation and disclosure of the impact of their activities on biodiversity.

The Global Environment Facility (GEF) will manage a new fund, whose operation will be defined by the countries over the next two years.

With regard to digital sequence information (DSI) on genetic resources, the Global Framework stipulates the establishment of a multilateral fund for benefit-sharing between providers and users of genetic resources and states that governments will define the final figure at COP16 in Turkey in 2024.

The Global Framework also contains gender and youth perspectives, two strong demands of the process that was initially scheduled to end in the city of Kunming, China, in 2020. But because that country was unable to host mass meetings due to its zero-tolerance policy towards COVID-19, a first virtual chapter was held there and another later in person, and the final one now took place in Montreal.

The states parties are required to report at least every five years on their national compliance with the Global Framework. The CBD will include national information submitted in February 2026 and June 2029 in its status and trend reports.

With some differences, civil society organizations and indigenous peoples gave a nod to the Global Framework, but issued warnings. Viviana Figueroa, representative of the International Indigenous Forum on Biodiversity, and Simone Lovera, policy director of the Global Forest Coalition, applauded the agreement in conversations with IPS, while pointing out its risks.

“It’s a good step forward, because it recognizes the role of indigenous peoples, the use of biodiversity and the role of traditional knowledge,” said Figueroa, an Omaguaca indigenous lawyer from Argentina whose organization brings together indigenous groups from around the world to present their positions at international environmental meetings.

“It has been a long process, to which native peoples have contributed and have made proposals. The most important aspects that we proposed have been recognized and we hope to work together with the countries,” she added.

But, she remarked, “the most important thing will be the implementation.”

Goal C and targets one, three, five, nine, 13, 21 and 22 of the Global Framework relate to respect for the rights of native and local communities.

Lovera, whose organization brings together NGOs and indigenous groups, said the accord “recognizes the rights of indigenous peoples and local communities, and of women. It also includes a recommendation to withdraw subsidies and reduce public and private investments in destructive activities, such as large-scale cattle ranching and oil palm monoculture.”

But indigenous and human rights organizations have questioned the 30×30 approach on the grounds that it undermines ancestral rights, blocks access to aboriginal territories, and requires consultation and unpressured, informed consent for protected areas prior to any decision on the future of those areas.

Discussions at the Convention on Biological Diversity summit intensified in the last few days of COP15 and ran late into the night, as in this session on health and biodiversity. But in the end, agreement was reached on a new Global Framework on Biodiversity, which will be binding on the 196 states parties. CREDIT: IISD/ENB

Discussions at the Convention on Biological Diversity summit intensified in the last few days of COP15 and ran late into the night, as in this session on health and biodiversity. But in the end, agreement was reached on a new Global Framework on Biodiversity, which will be binding on the 196 states parties. CREDIT: IISD/ENB

Major challenge

While the Global Framework has indicators and monitoring mechanisms and is legally binding, it has no actual teeth, and the precedent of the failed Aichi Targets casts a shadow over its future, especially with the world’s poor track record on international agreements.

The Aichi Biodiversity Targets, adopted in 2010 in that Japanese city during the CBD’s COP10 and which its 196 states parties failed to meet in 2020, included the creation of terrestrial and marine protected areas; the fight against pollution and invasive species; respect for indigenous knowledge; and the restoration of damaged ecosystems.

Several estimates put the amount needed to protect biological heritage at 700 billion dollars, which means there is still an enormous gap to be closed.

In more than 30 years, the GEF has disbursed over 22 billion dollars and helped transfer another 120 billion dollars to more than 5,000 regional and national projects. For the new period starting in 2023, the fund is counting on some five billion dollars in financing.

In addition, the Small Grants Program has supported around 27,000 community initiatives in developing countries.

“There is little public funding, more is needed,” Lovera said. “It’s sad that they say the private sector must fund biodiversity. In indigenous territories money is needed. They can do much more than governments with less money. Direct support can be more effective and they will meet the commitments.”

The activist also criticized the use of offsets, a mechanism whereby one area can be destroyed and another can be restored elsewhere – already used in countries such as Chile, Colombia and Mexico.

“This system allows us to destroy 70 percent of the planet while preserving the other 30 percent,” Lovera said. “It is madness. For indigenous peoples and local communities, it is very negative, because they lose their own biodiversity and the compensation is of no use to them, because it happens somewhere else.”

Figueroa said institutions that already manage funds could create direct mechanisms for indigenous peoples, as is the case with the Small Grants Program.

Of the 609 commitments that organizations, companies and individuals have already made voluntarily at COP15, 303 are aimed at the conservation and restoration of terrestrial ecosystems, 188 at alliances, and 159 at adaptation to climate change and reduction of polluting emissions.

The summit also coincided with the 10th Meeting of the Conference of the Parties to the Cartagena Protocol on Biosafety and the 4th Meeting of the Conference of the Parties to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization, both components of the CBD.

Images of the planet’s sixth mass extinction reflect the size of the challenge. More than a quarter of some 150,000 species on the IUCN Red List are threatened with extinction.

The “Living Planet Report 2022: Building a nature-positive society”, prepared by the WWF and the Institute of Zoology in London, shows that Latin America and the Caribbean has experienced the largest decline in monitored wildlife populations worldwide, with an average decline of 94 percent between 1970 and 2018.

With a decade to act, each passing day represents more biological wealth lost.

IPS produced this article with support from InternewsEarth Journalism Network.

 

Digital Treatment of Genetic Resources Shakes Up COP15

The executive secretary of the Convention on Biological Diversity, Elizabeth Maruma Mrema, highlighted on Friday Dec. 16 the results of the Nagoya Protocol on access to genetic resources and fair benefit sharing at an event during COP15 in the Canadian city of Montreal. But the talks have not reached an agreement on the digital sequencing of genetic resources. CREDIT: Emilio Godoy/IPS

The executive secretary of the Convention on Biological Diversity, Elizabeth Maruma Mrema, highlighted on Friday Dec. 16 the results of the Nagoya Protocol on access to genetic resources and fair benefit sharing at an event during COP15 in the Canadian city of Montreal. But the talks have not reached an agreement on the digital sequencing of genetic resources. CREDIT: Emilio Godoy/IPS

By Emilio Godoy
MONTREAL, Dec 16 2022 (IPS)

In addition to its nutritional properties, quinoa, an ancestral grain from the Andes, also has cosmetic uses, as stated by the resource use and benefit-sharing permit ABSCH-IRCC-PE-261033-1 awarded in February to a private individual under a 15-month commercial use contract.


The permit, issued by the Peruvian government’s National Institute for Agrarian Innovation, allows the Peruvian beneficiary to use the material in a skin regeneration cream.

But it also sets restrictions on the registration of products obtained from quinoa or the removal of its elements from the Andean nation, to prevent the risk of irregular exploitation without a fair distribution of benefits, in other words, biopiracy.”The scientific community is willing to share benefits through simple mechanisms that do not unfairly burden researchers in low- and middle-income countries.” — Amber Scholz

The licensed material may have a digital representation of its genetic structure which in turn may generate new structures from which formulas or products may emerge. This is called digital sequence information (DSI), in the universe of research or commercial applications within the CBD.

Treatment of DSI forms part of the debates at the 15th Conference of the Parties (COP15) to the United Nations Convention on Biological Diversity (CBD), which began on Dec. 7 and is due to end on Dec. 19 at the Palais des Congrès in the Canadian city of Montreal.

The summit has brought together some 15,000 people representing the 196 States Parties to the CBD, non-governmental organizations, academia, international bodies and companies.

The focus of the debate is the Post-2020 Global Framework on Biodiversity, which consists of 22 targets in areas including financing for conservation, guidelines on digital sequencing of genetic material, degraded ecosystems, protected areas, endangered species, the role of business and gender equality.

Like most of the issues, negotiations on DSI and the sharing of resulting benefits, contained in one of the Global Framework’s four objectives and in target 13, are at a deadlock, on everything from definitions to possible sharing mechanisms.

Except for the digital twist, the issue is at the heart of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, part of the CBD, signed in that Japanese city in 2010 and in force since 2014.

The delegations of the 196 States Parties to the Convention on Biological Diversity have failed to make progress at COP15 in the negotiations on new targets for the protection of the world's natural heritage, in the Canadian city of Montreal. In the picture, a working group reviews a proposal on the complex issue. CREDIT: IISD/ENB

The delegations of the 196 States Parties to the Convention on Biological Diversity have failed to make progress at COP15 in the negotiations on new targets for the protection of the world’s natural heritage, in the Canadian city of Montreal. In the picture, a working group reviews a proposal on the complex issue. CREDIT: IISD/ENB

Amber Scholz, a German member of the DSI Scientific Network, a group of 70 experts from 25 countries, said there is an urgent need to close the gap between the existing innovation potential and a fair benefit-sharing system so that digital sequencing benefits everyone.

“It’s been a decade now and things haven’t turned out so well. The promise of a system of innovation, open access and benefit sharing is broken,” Scholz, a researcher at the Department of Microbial Ecology and Diversity in the Leibniz Institute’s DSMZ German Collection of Microorganisms and Cell Cultures, told IPS.

DSI stems from the revolution in the massive use of technological tools, which has reached biology as well, fundamental in the discovery and manufacture of molecules and drugs such as those used in vaccines against the coronavirus that caused the COVID-19 pandemic.

The Aichi Biodiversity Targets, adopted in 2010 in that Japanese city during the CBD COP10, were missed by the target year, 2020, and will now be renewed and updated by the Global Framework that will emerge from Montreal.

The targets included respect for the traditional knowledge, innovations and practices of indigenous and local communities related to the conservation and sustainable use of biological diversity, their customary use of biological resources, and the full and effective participation of indigenous and local communities in the implementation of the CBD.

Lack of clarity in the definition of DSI, challenges in the traceability of the country of origin of the sequence via digital databases, fear of loss of open access to data and different outlooks on benefit-sharing mechanisms are other aspects complicating the debate among government delegates.

Through the Action Agenda: Make a Pledge platform, organizations, companies and individuals have already made 586 voluntary commitments at COP15, whose theme is “Ecological civilization: Building a shared future for all life on earth”.

Of these, 44 deal with access and benefit sharing, while 294 address conservation and restoration of terrestrial ecosystems, 185 involve partnerships and alliances, and 155 focus on adaptation to climate change and emission reductions.

Genetic havens

Access to genetic resources for commercial or non-commercial purposes has become an issue of great concern in the countries of the global South, due to the fear of biopiracy, especially with the advent of digital sequencing, given that physical access to genetic materials is not absolutely necessary.

Although the Nagoya Protocol includes access and benefit-sharing mechanisms, digital sequencing mechanisms have generated confusion. In fact, this instrument has created a market in which lax jurisdictions have taken advantage by becoming genetic havens.

Around 2,000 gene banks operate worldwide, attracting some 15 million users. Almost two billion sequences have been registered, according to statistics from GenBank, one of the main databases in the sector and part of the U.S. National Center for Biotechnology Information.

Argentina leads the list of permits for access to genetic resources in Latin America under the Protocol, with a total of 56, two of which are commercial, followed by Peru (54, four commercial) and Panama (39, one commercial). Mexico curbed access to such permits in 2019, following a scandal triggered by the registration of maize in 2016.

There are more than 100 gene banks operating in Mexico, 88 in Peru, 56 in Brazil, 47 in Argentina and 25 in Colombia.

The largest providers of genetic resources leading to publicly available DSI are the United States, China and Japan. Brazil ranks 10th among sources and users of samples, according to a study published in 2021 by Scholz and five other researchers.

The mechanisms for managing genetic information sequences have become a condition for negotiating the new post-2020 Global Framework for biodiversity, which poses a conflict between the most biodiverse countries (generally middle- and low-income) and the nations of the industrialized North.

Brazilian indigenous activist Cristiane Juliao, a leader of the Pankararu people, calls for a fair system of benefit-sharing for access to and use of genetic resources and their digital sequences at COP15, being held at the Palais des Congrès in the Canadian city of Montreal. CREDIT: Emilio Godoy/IPS

Brazilian indigenous activist Cristiane Juliao, a leader of the Pankararu people, calls for a fair system of benefit-sharing for access to and use of genetic resources and their digital sequences at COP15, being held at the Palais des Congrès in the Canadian city of Montreal. CREDIT: Emilio Godoy/IPS

Indigenous people and their share

Cristiane Juliao, an indigenous woman of the Pankararu people, who is a member of the Brazilian Coordinator of Indigenous Peoples and Organizations of the Northeast, Minas Gerais and Espírito Santo, said the mechanisms adopted must favor the participation of native peoples and guarantee a fair distribution of benefits.

“We don’t look at one small element of a plant. We look at the whole context and the role of that plant. All traditional knowledge is associated with genetic heritage, because we use it in food, medicine or spiritual activities,” she told IPS at COP15.

Therefore, she said, “traceability is important, to know where the knowledge was acquired or accessed.”

In Montreal, Brazilian native organizations are seeking recognition that the digital sequencing contains information that indigenous peoples and local communities protect and that digital information must be subject to benefit-sharing. They are also demanding guarantees of free consultation and the effective participation of indigenous groups in the digital information records.

Thanks to the system based on the country’s Biodiversity Law, in effect since 2016, the Brazilian government has recorded revenues of five million dollars for permits issued.

The Working Group responsible for drafting the new Global Framework put forward a set of options for benefit-sharing measures.

They range from leaving in place the current status quo, to the integration of digital sequence information on genetic resources into national access and benefit-sharing measures, or the creation of a one percent tax on retail sales of genetic resources.

Lagging behind

There is a legal vacuum regarding this issue, because the CBD, the World Intellectual Property Organization and the International Treaty on Plant Genetic Resources for Food and Agriculture, in force since 2004, do not cover all of its aspects.

Scholz suggested the COP reach a decision that demonstrates the political will to establish a fair and equitable system. “The scientific community is willing to share benefits through simple mechanisms that do not unfairly burden researchers in low- and middle-income countries,” she said.

For her part, Juliao demanded a more inclusive and fairer system. “There is no clear record of indigenous peoples who have agreed to benefit sharing. It is said that some knowledge comes from native peoples, but there is no mechanism for the sharing of benefits with us.”

IPS produced this article with support from Internews’ Earth Journalism Network.

Global Biodiversity Agenda: Nairobi Just Added More to Montreal’s Plate

Biodiversity, Climate Action, Climate Change, Conferences, Conservation, Environment, Featured, Global, Headlines, TerraViva United Nations

Biodiversity

A placard on display at activists' demonstration outside the 4th meeting of the CBD Working Group at the UNEP headquarter in Nairobi. Credit: Stella Paul/IPS

A placard on display at activists’ demonstration outside the 4th meeting of the CBD Working Group at the UNEP headquarter in Nairobi. Credit: Stella Paul/IPS

Nairobi, Jun 27 2022 (IPS) – As the last working group meeting of the Post 2020 Global Biodiversity Agenda concluded here on Sunday, the delegates’ job at COP15 Montreal just got tougher as delegates couldn’t finalize the text of the agenda. Texts involving finance, cost and benefit-sharing, and digital sequencing – described by many as ‘most contentious parts of the draft agenda barely made any progress as negotiators failed to reach any consensus.


Nairobi – the Unattempted ‘Final Push’

The week-long 4th meeting of the Working Group of the Biodiversity Convention took place from June 21-26, three months after the 3rd meeting of the group was held in Geneva, Switzerland. The meeting, attended by a total of 1634 participants, including 950 country representatives, had the job cut out for them: Read the draft Post 2020 Global Biodiversity Framework (GBF) and its 21 targets, discuss, and clean up the text – target by target, sentence by sentence, at least up to 80%.

But, on Saturday – a day before the meeting was to wrap up, David Ainsworth – head of Communications at CBD, hinted that the progress was far slower than expected. Ainsworth mentioned that the total cleaning progress made was just about 8%.

To put it in a clearer context, said Ainsworth, only two targets now had a clean text – Target 19.2 (strengthening capacity-building and development, access to and transfer of technology) and target 12 (urban biodiversity). This means that in Montreal, they could be placed on the table right away for the parties to decide on, instead of debating the language. All the other targets, the work progress has been from around 50% to none, said Ainsworth.

An entire day later, on Sunday evening local time, co-chairs of the WG4 Francis Ogwal and Basile Van Havre confirmed that those were indeed the only two targets with ‘clean’ texts. In other words, no real work had been done in the past 24 hours.

On June 21, at the opening session of the meeting, Elizabeth Maruma Mrema, Executive Secretary of the Convention on Biological Diversity, described the Nairobi meeting as an opportunity for a ‘final push’ to finalize the GBF. On Sunday, she called on the parties to “vigorously engage with the text, to listen to each other and seek consensus, and to prepare the final text for adoption at COP 15”.

Answering a question from IPS News, Mrema also confirmed that there would be a 5th meeting of the Working Group before the Montreal COP, indicating the work done in the Nairobi meeting wasn’t enough to produce a draft that was ready to be discussed for adoption.

The final push, it appeared, had not even been attempted.

Bottlenecks and Stalemate

According to several observers, instead of cleaning up 80% of the texts over the past six days, negotiators had left 80% of the text in brackets, which signals disagreement among parties. Not only did countries fail to progress, but in some cases, new disagreements threatened to move the process in the opposite direction. The most fundamental issues were not even addressed this week, including how much funding would be committed to conserving biodiversity and what percentage figures the world should strive to protect, conserve, and restore to address the extinction crisis.

True to the traditions of the UN, the CBD wouldn’t be critical of any party. However, on Sunday evening, Francis Ogwal indicated that rich nations had been dragging their feet on meeting the commitment of donating to global biodiversity conservation. Without naming anyone, Ogwal reminded the negotiators that the more time they took, the tougher they would get the decision.

At present, said Ogwal, 700 billion was needed to stop and recover global biodiversity. “If you keep giving less and less, the problems magnify. Ten years down the line, this will not be enough,” he said.

The civil society was more vocal in criticizing the delegates for losing yet another opportunity.

According to Brian O’Donnell, Director of the Campaign for Nature, the negotiations were faltering, with some key issues being at a stalemate. It is, therefore, up to heads of state and other political and United Nations leaders to act with urgency. “But time is now running out, and countries need to step up, show the leadership that this moment requires, and act urgently to find compromise and solutions,” O’Donnell said in a statement.

The Next Steps

The CBD Secretariat mentioned a string of activities that would follow the Nairobi meeting to speed up the process of building a consensus among the delegates. The activities include bilateral meetings with some countries, regional meetings with others, and a Working Group 5 meeting which will be a pre-COP event before COP15.

Finally, the CBD is taking a glass-half-filled approach toward the GBF, which is reflected in the words of Mrema: “These efforts (Nairobi meeting) are considerable and have produced a text that, with additional work, will be the basis for reaching the 2050 vision of the Convention: A life in harmony with nature,” she says.

The upcoming UN Biodiversity Conference will be held from 5 to December 17 in Montreal, Canada, under the presidency of the Government of China. With the bulk of the work left incomplete, the cold December weather of Montreal is undoubtedly all set to be heated with intense debates and negotiations.
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