Global Forest Coalition

 

 
Forests and the Convention on Biological Diversity
A Dossier of Relevant Articles and Decisions Prepared by
the Global Forest Coalition
Draft, 6 March 2001

Lead Author: Simone Lovera, Sobrevivencia / Friends of the Earth-Paraguay bosques@sobrevivencia.org.py 

Editor: Larry Lohmann, the Cornerhouse, UK

Review team:

  • Miguel Lovera, Coordinator, Global Forest Coalition

  • Gudrun Henne, Greenpeace International

  • Alejandro Argumedo, Indigenous Peoples’ Biodiversity Network, Peru

  • Ashish Kothari, Kalpavriksh, India

Additional comments by:

  • Andrei Laletin, Friends of the Siberian Forests, Russian Federation

  • Peter Herkenrath, BirdLife International

The views expressed in this publication do not necessarily reflect the views of the review team or the editor.

The Global Forest Coalition is a coalition of NGOs and Indigenous Peoples' Organizations that intends to strengthen the informed participation of NGOs and IPOs in global policy fora related to forests.

For more information on the Global Forest Coalition, please contact: Miguel Lovera, coordinator, Global Forest Coalition, lovera1@conexion.com.py 

This publication was made possible through a financial contribution of the UK Department for International Development.

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Introduction:  

Forests = Biodiversity, Biodiversity = Forests 

A Convention covering All Types of Forests

Biological diversity means the variety of life on Earth. This diversity is an essential condition for the survival of mankind and all living creatures that surround it. The Convention on Biological Diversity (CBD) defines biodiversity as the variability among living organisms from all sources including, among others, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part. This includes diversity within species, between species and of ecosystems.

Forests are ecosystems. Hence, the Biodiversity Convention is fully applicable to forests. The CBD is not about the conservation of biodiversity within forests, or the conservation of high conservation value forests only, it is about the conservation, sustainable use and equitable sharing of the benefits of ALL forests

The purpose of this dossier is to provide a relatively comprehensive overview of all the CBD articles and decisions of the Conference of the Parties (COP) that are relevant for forests. A number of COP decisions are specifically dedicated to forests, but there are many other decisions, on traditional knowledge, incentives, education, the ecosystem approach and even agro-biodiversity, that are highly relevant for forests too. The easiest way to highlight the importance of these decisions for forests is undoubtedly to simply replace the term "ecosystem" or "biodiversity" with "forest ecosystem" or "forest biodiversity". For that reason, I have taken the liberty of adding (forest) in the description of a number of these decisions, even though the text of the decisions themselves does not highlight any specific component of biodiversity.

An Ambitious, but Vague Framework

Regrettably, the ambitious objective of the CBD to conserve all forest ecosystems in the world is partly undone by the large number of so-called "exemptory clauses" in the text of the Convention itself. An exemptory clause means that a country need implement an obligation in a convention only "when possible and appropriate", "when needed" or "subject to national legislation". These exemptory clauses can be found throughout the convention, making it a very "soft" instrument. Some legal experts have even stated that the CBD should be seen as a framework convention, and that its ambitious but very vaguely formulated clauses can only be turned into action if they are elaborated in the form of protocols. However, from a legal point of view, to what extent an exemptory clause can be invoked by governments is subject to the meaning of the Article and the overall spirit of the Convention. It will be difficult for most OECD countries, for example, to argue that forest conservation and sustainable use is not possible or appropriate in their countries.

A Convention without People?

The objectives of the CBD are to conserve (forest) biodiversity, to sustainably use (forest) biodiversity, and to equitably share the benefits of (forest) genetic resources. People have often pointed at this triple objective to defend the social nature of the instrument. However it would, unfortunately, be an exaggeration to call the CBD a socially oriented convention. The CBD itself includes only scarce references to the rights and needs of local communities, Indigenous Peoples and other stakeholders. The negotiators of the convention probably felt they had enough of a hard time trying to defend the rights and interests of millions of small and large animals and plants, and they did not feel obliged to include clear references to the rights of people too. After the CBD was signed, in 1992, social awareness among CBD negotiators steadily increased, and it is now admitted that the full involvement of local communities in conservation efforts is a pre-condition for successful forest and other biodiversity management. Negotiators have also become more aware of the value of traditional knowledge and traditional ecosystem management as practiced by Indigenous Peoples. But they still tend to treat Indigenous Peoples and local communities as mere instruments. For too many conservationists, participation is still a tool for effective forest conservation rather than a right of these Peoples and communities themselves.

Biodiversity Negotiators: A Special kind of Species

In analyzing a Convention, it is worthwhile looking at the economic or political sector that drafted it. As "biodiversity" is a new concept, there are no established national "biodiversity sectors", but the main roots of the convention can certainly be found in the nature conservation community. Biology has always been the dominant discipline among biodiversity negotiators, especially in the semi-scientific Subsidiary Body on Scientific, Technical and Technological Advice, which has proven to be very influential in the Convention negotiations. The average biodiversity negotiator tends to have the following features:

  • He (or she, but women are in the minority, despite the CBD prescribing otherwise) is weary of political battles, and if he can find a way of avoiding sensitive issues he will prefer to do so;

  • If confronted with an issue he cannot avoid, however, like biosafety, he often feels called upon to play the environmental hero;

  • He feels at home in discussions about scientific matters and will be inclined to put a lot of emphasis on research and analysis in his recommendations;

  • He often "forgets" about social dimensions of conservation but, when reminded, is not unwilling to address them and support even quite radical recommendations on participation, Indigenous Peoples’ rights and the like;

  • He dislikes the other major group amongst biodiversity negotiators, the lawyers; and

  • He often cannot wait until the first formal day of a meeting is over and he can take off his tie.

These unofficial characteristics are reflected in the way forests are dealt with under the CBD. The negotiators were not eager to take up the issue as they were aware of the political loopholes, but once action was needed, from COP2 onwards, they agreed upon some heroic recommendations. Yet the emphasis remained on scientific research and analysis.

It is also significant that COPs that were attended by a large number of forest-oriented NGOs and IPOs, as a result produced far more socially aware recommendations than COPs few NGOs and IPOs were able to attend. For these and other reasons, it is of utmost importance that NGOs and IPOs become more involved in the forest-related discussions of this important legally binding instrument.

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Index  

The Convention on Biodiversity: Why Bother for Forests?
By Gudrun Henne, Greenpeace International

Chapter 1: The History of the Biodiversity Convention

1.1 How Genes Took Over the Conservation Agenda

- Box: A strong Convention due to US-Absence?

- Box: Genes: Sharing What with Whom and How... 

1.2. No NGOs, No Indigenous Peoples, No Social Awareness

1.2 The First Years: The Great GEF-Battle

1.3 COP2: Fish, Forests and Genes

- Box: The Global Biodiversity Forum

1.4 COP 3: Agriculture and Indigenous peoples

1.5 COP 4: Covering the World

1.6 COP 5: Overcoming the Chaos

Chapter 2: An Analysis of the Biodiversity Convention. Articles with an Eye to Forest Issues

2.1 The Preamble: a Set of Beautiful Principles

2.2 Article 1 of the CBD: Objectives

2.3 Article 2: Use of Terms

2.4 Articles 3, 4 and 5: Sovereignty and Cooperation

2.5 Article 6: A Framework for Implementation

- Box: Innovations in a Planning Process
By Ashish Kothari and Kanchi Kohli, Kalpavriksh, India.

2.6 Article 7: Taxonomists and Indicators

2.7 Article 8: Protected Areas versus Areas that Have to be Protected

- Box: Inadequate Goals
By Glen Barry, President, Forests.org, Inc, USA.

- Box: Indigenous Peoples’ Concerns about Article 8(j)
By Marcial Arias, International Alliance of Tribal-Indigenous Peoples of the Tropical Forest, Panama

2.8 Articles 9, 10 and 12: Gene Banks, Social Clauses and Research Programs

- Box: - Article 10: If It Were Implemented!
By Ricardo Carrere, World Rainforest Movement, Uruguay.

2.9 Article 11: Incentives

2.10 Article 13: Education and Awareness Building

2.11. Article 14: Impact Assessment, Liability and even Redress for Climate Change?

2.12. Article 15, 16 and 19: The Access and Benefit Clauses

- Box: Access, Yes, but Still No Benefits!
By Miguel Lovera, Coordinator, Global Forest Coalition

- Box: Biotechnology: Can Anyone Handle It?
By Miguel Lovera, Coordinator, Global Forest Coalition

2.13. Articles 17 and 18 (Information and Technical Cooperation)

2.14. Articles 20 and 21, and Article 39: The Money Clauses

- Box: GEF Support Through Its Forest Operational Program
By the Global Environment Facility

2.15. The Legal Clauses

Chapter 3: Decisions of the CBD Conference of the Parties on Forest Biodiversity

3.1. Introduction

3.2. COP2: A Clear Message to the Intergovernmental Panel on Forests

3.3. COP3: Complementing the Intergovernmental Panel on Forests

3.4. COP4: Finally a Work Program

3.5. COP5: A Call for Action

- Box: Finally Forests! –The CBD Starts Work on Forest Biodiversity
By Gudrun Henne, Greenpeace International

- Box: CBD Expert Group Meets Again
By Max Ooft, Organization of Indigenous Peoples in Suriname

- Box: Joint NGO/IPO Letter to Executive Secretary of CBD on Climate Change and Biodiversity

- Box: Why do we Bother, an Indigenous Perspective
By Sandy Gauntlett, IRI, Aotearoa/ New Zealand

- Box: A Cozy Little Island Called CBD
By Simone Lovera, Netherlands Committee for IUCN

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Annex: Texts of relevant COP Decisions (click here to download

 

 



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