The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is a multilateral treaty. The Convention has three main goals: the conservation of biological diversity (or biodiversity); the sustainable use of its components; and the fair and equitable sharing of benefits arising from genetic resources. Its objective is to develop national strategies for the conservation and sustainable use of biological diversity, and it is often seen as the key document regarding sustainable development.
The Convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992 and entered into force on 29 December 1993. The United States is the only UN member state which has not ratified the Convention. It has two supplementary agreements, the Cartagena Protocol and Nagoya Protocol.
The Cartagena Protocol is an international treaty governing the movements of living modified organisms (LMOs) resulting from modern biotechnology from one country to another. It was adopted on 29 January 2000 as a supplementary agreement to the CBD and entered into force on 11 September 2003.
The Nagoya Protocol is another supplementary agreement to the CBD. It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources. The Nagoya Protocol was adopted on 29 October 2010 in Nagoya, Japan, and entered into force on 12 October 2014.
The Secretariat of the CBD was the focal point of the 2010 International Year of Biodiversity. Following a recommendation of CBD signatories at Nagoya, the UN declared 2011 to 2020 as the United Nations Decade on Biodiversity in December 2010. The Convention's Strategic Plan for Biodiversity 2011–2020, created in 2010, include the Aichi Biodiversity Targets. The Aichi Biodiversity Targets were 20 international goals set under the Convention to protect biodiversity, sustainable use of natural resources, and to protect species. However, countries failed to meet the Aichi Targets as they lacked clarity, were hard to measure, actions were unreported, and there was limited funding. Low prioritization was given to this matter when compared to other industries like agriculture, further leading to its ineffectiveness.
The meetings of the Parties to the Convention are known as Conferences of the Parties (COP), with the first one (COP 1) held in Nassau, Bahamas, in 1994 and the most recent one (COP 16) in 2024 in Cali, Colombia.
In the area of marine and coastal biodiversity CBD's focus at present is to identify Ecologically or Biologically Significant Marine Areas (EBSAs) in specific ocean locations based on scientific criteria. The aim is to create an international legally binding instrument (ILBI) involving area-based planning and decision-making under UNCLOS to support the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction (BBNJ treaty or High Seas Treaty).
Origin and scope
The notion of an international convention on biodiversity was conceived at a United Nations Environment Programme (UNEP) Ad Hoc Working Group of Experts on Biological Diversity in November 1988. The subsequent year, the Ad Hoc Working Group of Technical and Legal Experts was established for the drafting of a legal text which addressed the conservation and sustainable use of biological diversity, as well as the sharing of benefits arising from their utilization with sovereign states and local communities. In 1991, an intergovernmental negotiating committee was established, tasked with finalizing the Convention's text.
A Conference for the Adoption of the Agreed Text of the Convention on Biological Diversity was held in Nairobi, Kenya, in 1992, and its conclusions were distilled in the Nairobi Final Act. The Convention's text was opened for signature on 5 June 1992 at the United Nations Conference on Environment and Development (the Rio "Earth Summit"). By its closing date, 4 June 1993, the Convention had received 168 signatures. It entered into force on 29 December 1993.
The Convention recognized for the first time in international law that the conservation of biodiversity is "a common concern of humankind" and is an integral part of the development process. The agreement covers all ecosystems, species, and genetic resources. It links traditional conservation efforts to the economic goal of using biological resources sustainably. It sets principles for the fair and equitable sharing of the benefits arising from the use of genetic resources, notably those destined for commercial use. It also covers the rapidly expanding field of biotechnology through its Cartagena Protocol on Biosafety, addressing technology development and transfer, benefit-sharing and biosafety issues. Importantly, the Convention is legally binding; countries that join it ('Parties') are obliged to implement its provisions.
The Convention reminds decision-makers of the finite status of natural resources and sets out a philosophy of sustainable use. While past conservation efforts were aimed at protecting particular species and habitats, the Convention recognizes that ecosystems, species and genes must be used for the benefit of humans. However, this should be done in a way and at a rate that does not lead to the long-term decline of biological diversity.
The Convention also offers decision-makers guidance based on the precautionary principle which demands that where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat. The Convention acknowledges that substantial investments are required to conserve biological diversity. It argues, however, that conservation will bring us significant environmental, economic and social benefits in return.
The Convention on Biological Diversity of 2010 banned some forms of geoengineering.
Executive secretary
As of April 2024, the acting executive secretary is Astrid Schomaker.
The previous executive secretaries were: David Cooper (2023–2024), Elizabeth Maruma Mrema (2020–2023), pl:Cristiana Pașca Palmer (2017–2019), Braulio Ferreira de Souza Dias (2012–2017), Ahmed Djoghlaf (2006–2012), Hamdallah Zedan (1998–2005), Calestous Juma (1995–1998), and Angela Cropper (1993–1995).
Issues
Some of the many issues dealt with under the Convention include:
- Measures the incentives for the conservation and sustainable use of biological diversity.
- Regulated access to genetic resources and traditional knowledge, including Prior Informed Consent of the party providing resources.
- Sharing, in a fair and equitable way, the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Contracting Party providing such resources (governments and/or local communities that provided the traditional knowledge or biodiversity resources utilized).
- Access to and transfer of technology, including biotechnology, to the governments and/or local communities that provided traditional knowledge and/or biodiversity resources.
- Technical and scientific cooperation.
- Coordination of a global directory of taxonomic expertise (Global Taxonomy Initiative).
- Impact assessment.
- Education and public awareness.
- Provision of financial resources.
- National reporting on efforts to implement treaty commitments.
International bodies established
Conference of the Parties (COP)
The Convention's governing body is the Conference of the Parties (COP), consisting of all governments (and regional economic integration organizations) that have ratified the treaty. This ultimate authority reviews progress under the Convention, identifies new priorities, and sets work plans for members. The COP can also make amendments to the Convention, create expert advisory bodies, review progress reports by member nations, and collaborate with other international organizations and agreements.
The Conference of the Parties uses expertise and support from several other bodies that are established by the Convention. In addition to committees or mechanisms established on an ad hoc basis, the main organs are:
CBD Secretariat
The CBD Secretariat, based in Montreal, Quebec, Canada, operates under UNEP, the United Nations Environment Programme. Its main functions are to organize meetings, draft documents, assist member governments in the implementation of the programme of work, coordinate with other international organizations, and collect and disseminate information.
Subsidiary Body for Scientific, Technical and Technological Advice (SBSTTA)
The SBSTTA is a committee composed of experts from member governments competent in relevant fields. It plays a key role in making recommendations to the COP on scientific and technical issues. It provides assessments of the status of biological diversity and of various measures taken in accordance with Convention, and also gives recommendations to the Conference of the Parties, which may be endorsed in whole, in part or in modified form by the COPs. As of 2024 SBSTTA had met 26 times, with a 26th meeting taking place in Nairobi, Kenya in 2024.
Subsidiary Body on Implementation
In 2014, the Conference of the Parties to the Convention on Biological Diversity established the Subsidiary Body on Implementation (SBI) to replace the Ad Hoc Open-ended Working Group on Review of Implementation of the Convention. The four functions and core areas of work of SBI are: (a) review of progress in implementation; (b) strategic actions to enhance implementation; (c) strengthening means of implementation; and (d) operations of the Convention and the Protocols. The first meeting of the SBI was held on 2–6 May 2016 and the second meeting was held on 9–13 July 2018, both in Montreal, Canada. The latest (fifth) meeting of the SBI was held in October 2024 in Cali, Colombia. The Bureau of the Conference of the Parties serves as the Bureau of the SBI. The current chair of the SBI is Ms. Clarissa Souza Della Nina of Brazil.
Parties
As of 2016, the Convention has 196 Parties, which includes 195 states and the European Union. All UN member states—with the exception of the United States—have ratified the treaty. The United States did not ratify the Convention due to concerns over national sovereignty and economic interests. This is because the country did not agree with the rules about sharing genetic resources and benefits like biotechnology and pharmaceuticals. Another concern was grounded around the idea that the Convention on Biological Diversity would interfere with domestic laws related to environmental regulations in the future. Non-UN member states that have ratified are the Cook Islands, Niue, and the State of Palestine. The Holy See and the states with limited recognition are non-Parties. The US has signed but not ratified the treaty, because ratification requires a two-thirds majority in the Senate and is blocked by Republican Party senators.
The European Union created the Cartagena Protocol (see below) in 2000 to enhance biosafety regulation and propagate the "precautionary principle" over the "sound science principle" defended by the United States. Whereas the impact of the Cartagena Protocol on domestic regulations has been substantial, its impact on international trade law remains uncertain. In 2006, the World Trade Organization (WTO) ruled that the European Union had violated international trade law between 1999 and 2003 by imposing a moratorium on the approval of genetically modified organisms (GMO) imports. Disappointing the United States, the panel nevertheless "decided not to decide" by not invalidating the stringent European biosafety regulations.
Implementation by the Parties to the Convention is achieved using two means:
National Biodiversity Strategies and Action Plans (NBSAP)
National Biodiversity Strategies and Action Plans (NBSAP) are the principal instruments for implementing the Convention at the national level. The Convention requires that countries prepare a national biodiversity strategy and to ensure that this strategy is included in planning for activities in all sectors where diversity may be impacted. As of early 2012, 173 Parties had developed NBSAPs.
The United Kingdom, New Zealand and Tanzania carried out elaborate responses to conserve individual species and specific habitats. The United States of America, a signatory who had not yet ratified the treaty by 2010, produced one of the most thorough implementation programs through species recovery programs and other mechanisms long in place in the US for species conservation.
Singapore established a detailed National Biodiversity Strategy and Action Plan. The National Biodiversity Centre of Singapore represents Singapore in the Convention for Biological Diversity.
National Reports
In accordance with Article 26 of the Convention, Parties prepare national reports on the status of implementation of the Convention.
Protocols and plans developed by CBD
Cartagena Protocol (2000)
The Cartagena Protocol on Biosafety, also known as the Biosafety Protocol, was adopted in January 2000, after a CBD Open-ended Ad Hoc Working Group on Biosafety had met six times between July 1996 and February 1999. The Working Group submitted a draft text of the Protocol for consideration by Conference of the Parties at its first extraordinary meeting, which was convened for the express purpose of adopting a protocol on biosafety to the Convention on Biological Diversity. After a few delays, the Cartagena Protocol was eventually adopted on 29 January 2000. The Biosafety Protocol seeks to protect biological diversity from the potential risks posed by living modified organisms resulting from modern biotechnology.
The Biosafety Protocol makes clear that products from new technologies must be based on the precautionary principle and allow developing nations to balance public health against economic benefits. It will, for example, let countries ban imports of a genetically modified organism if they feel there is not enough scientific evidence the product is safe and requires exporters to label shipments containing genetically modified commodities such as corn or cotton.
The required number of 50 instruments of ratification/accession/approval/acceptance by countries was reached in May 2003. In accordance with the provisions of its Article 37, the Protocol entered into force on 11 September 2003.
Global Strategy for Plant Conservation (2002)
In April 2002, the Parties of the UN CBD adopted the recommendations of the Gran Canaria Declaration Calling for a Global Plant Conservation Strategy, and adopted a 16-point plan aiming to slow the rate of plant extinctions around the world by 2010.