Vol. 09 No. 152
Wednesday, 17 May 2000
On the second day of CBD COP-5, delegates met in a morning
Plenary to continue discussions on the Cartagena Protocol and
to hear reports of the Global Environment Facility (GEF), of
the Panel of Experts on Access and Benefit-Sharing, on the
Administration of the Convention and on the Budget for the
Trust Fund. In the afternoon, Working Group I (WG-I) addressed
sustainable use, including tourism, and incentive measures.
Working Group II (WG-II) discussed access to genetic
resources.
PLENARY
At the opening of the Plenary, COP-5 President Francis
Nyenze nominated Marina von Weissenberg (Finland) as the
meeting’s rapporteur and Ilona Jepsen (Latvia) for the
verification of credentials, which was approved.
REPORT ON THE STATUS OF THE CARTAGENA PROTOCOL: COP-5
President Nyenze noted that discussion on the issue would
continue from the previous day. ALGERIA, the BAHAMAS, CHINA,
ETHIOPIA, KENYA, LESOTHO, MADAGASCAR, MEXICO, NIGERIA, NORWAY,
the REPUBLIC OF KOREA, TOGO, ZIMBABWE and the COMMONWEALTH
SECRETARIAT expressed support for the proposed work plan of
the Intergovernmental Committee for the Cartagena Protocol (ICCP).
HAITI, NAMIBIA and MALAYSIA opposed renegotiating the work
plan. NEW ZEALAND supported a step-by-step approach and
prioritized organizational issues, the CHM and
capacity-building. BANGLADESH called for a mechanism to
address training and capacity-building. Numerous countries
also stressed the importance of capacity-building and
information sharing. JAPAN requested discussion on adequate
and effective information exchange structures and a review of
the existing CHM. GREENPEACE INTERNATIONAL objected to
requesting the private sector to provide support for
capacity-building efforts.
BOLIVIA, CHAD and CUBA stressed the importance of
developing national legislation. GAMBIA noted the need to
integrate national guidelines and the Cartagena Protocol.
ALGERIA, KENYA, LESOTHO, NIGERIA and the REPUBLIC OF KOREA
emphasized establishment of a biosafety CHM. The US
recommended focusing the work plan and avoiding work on issues
outside the ICCP’s mandate, such as liability, and Articles
5 (Pharmaceuticals) and 6 (Transit and Contained Use). EGYPT,
EL SALVADOR, ETHIOPIA, MALAYSIA, NAMIBIA, NEW ZEALAND and
NORWAY announced their intent to sign the Protocol during
COP-5. The BAHAMAS, EL SALVADOR and LESOTHO called for
signature and early ratification of the Protocol.
MADAGASCAR and NAMIBIA highlighted the need to strengthen
UNEP’s pilot project on biosafety in developing countries.
The COMMONWEALTH SECRETARIAT stressed that the implementation
process must be understood by all stakeholders. NIGERIA
expressed concern over terminator technologies, highlighting
potential threats to food security. Ambassador Philémon Yang
(Cameroon), Chair of the ICCP Bureau, noted that the work plan
is merely a list of suggestions and that he would initiate
informal consultations on how to proceed.
REPORT OF THE GEF: The GEF SECRETARIAT introduced a report
detailing the GEF's activities relevant to the CBD from
January 1998 to June 1999 (UNEP/CBD/COP/5/7). He invited
proposals from countries on, inter alia, alien species,
taxonomy, inland waters, forest issues, the CHM, incentive
measures and access and benefit-sharing (ABS). NIGERIA,
speaking for the G-77/CHINA, urged the GEF to provide
developing countries with clear information on how to access
funds.
REPORT OF THE EXPERTS PANEL ON ACCESS AND BENEFIT-SHARING:
COSTA RICA introduced the report of the Experts Panel on ABS (UNEP/CBD/COP/5/8).
He underscored the importance of information exchange and
capacity-building and noted key conclusions were adopted by
the Panel.
REPORTS ON ADMINISTRATIVE AND BUDGETARY MATTERS: CBD
Executive Secretary Hamdallah Zedan introduced the report on
the administration of the Convention and the budget for the
Convention's trust fund (UNEP/CBD/COP/5/9), noting that it
details the status of the CBD Secretariat's budget since
COP-4, the three trust funds, implementation of the host
government agreement and contributions to the voluntary trust
fund. Regarding the proposed budget for the biennium 2001-2002
(UNEP/CBD/COP/5/18 and UNEP/CBD/COP/5/18/Add.1), he noted that
it incorporates the financial implications of the numerous
recommendations to the COP adopted by intersessional meetings,
and builds on the Secretariat's existing activities. The
NETHERLANDS encouraged the Secretariat to maximize use of
resources outside the Convention. A contact group on budgetary
matters, chaired by John Ashe (Antigua and Barbuda), was
established.
WORKING GROUP I
SUSTAINABLE USE AND INCENTIVE MEASURES: WG-I Chair
Peter Schei (Norway) suggested that sustainable use, including
tourism (UNEP/CBD/COP/5/20), and incentive measures (UNEP/CBD/COP/5/15),
be addressed simultaneously in order to integrate them into
one decision. SBSTTA-5 Chair Cristián Samper (Colombia)
introduced SBSTTA recommendations IV/7 on development of
approaches and practices for the sustainable use of biological
resources and the assessment of interlinkages between tourism
and biodiversity, and V/12 on sustainable use of biodiversity
as a cross-cutting issue.
Several delegations expressed support for the SBSTTA
recommendations and for the sustainable use of biological
resources through an ecosystem approach. PORTUGAL, on behalf
of the EU and supported by SWITZERLAND, called for synergy
with the CSD on the international guidelines for activities
related to sustainable tourism and referred to the
International Ecotourism Year in 2002. JAPAN underscored the
importance of public education. NORWAY said the establishment
of mechanisms for intersectoral dialogue is a prerequisite for
successful sustainable use and, supported by CANADA, ECUADOR
and PERU, asked for principles and criteria to be developed in
thematic areas. SWITZERLAND called for a definition of
ecotourism and for discussion under other sectoral activities,
such as agriculture. LATVIA, on behalf of the CEE, highlighted
the involvement of stakeholders. KENYA and UGANDA stressed
local community involvement and benefit. The GAMBIA called for
definition of stakeholders' roles, especially local
communities. CHINA questioned how to sustainably develop
tourism to benefit local communities without threatening
ecosystems and species.
MONGOLIA and the RUSSIAN FEDERATION highlighted their
Altai-Sayan Millennium Initiative. The G-77/CHINA stressed the
conservation of culture and recognition of traditional
knowledge and indigenous technologies. MALAWI noted that at a
recent forum the Southern African Development Community (SADC)
adopted the Malawi Principles for an ecosystem approach and
recommended that the IUCN principles on sustainable use be
adopted. GHANA, ZIMBABWE and others called for case studies.
SAMOA called for environmental audits, human resource
capacity-building and private sector cooperation. The BAHAMAS
supported a country-driven approach to addressing sustainable
tourism. The CMS underscored migratory species' value for
sustainable tourism. The DEMOCRATIC REPUBLIC OF CONGO called
for protection of biodiversity from attacks during war.
Several delegations supported the use of incentive
measures. The EU emphasized the internalization of
biodiversity value in cost-benefit analysis and the need for
biodiversity considerations in liability mechanisms. AUSTRALIA
highlighted the work of the Ramsar Convention, IUCN and the
OECD regarding positive incentives. The NETHERLANDS supported
collaboration with the OECD and IUCN. CANADA, JAPAN and TURKEY
asked for further analysis of incentives. KENYA requested
financial support for case studies. MEXICO noted that Central
American case studies are available. The G-77/CHINA requested
inclusion of information on incentive measures in national
reports and the establishment of an expert group on incentive
measures. UGANDA requested assistance in using incentives.
WORKING GROUP II
ACCESS TO GENETIC RESOURCES: WG-II Chair Elaine Fisher
(Jamaica) opened deliberations on access to genetic resources,
and the Secretariat introduced the relevant documents (UNEP/CBD/COP/5/4,
8 and 21). Many delegations supported extending the mandate of
the Expert Panel, and proceeding with development of
international guidelines on ABS, and requested the Secretariat
to continue work with other international organizations on
issues related to intellectual property rights (IPRs). The EC
noted that an Ad Hoc Open-ended Working Group would allow for
a broader participatory approach. SWITZERLAND also stressed
broader participation and suggested a rapid start to
developing international guidelines. MEXICO supported
developing a code of conduct, and said there should be
standard legislation for all countries. Many developing
countries stressed the need for institutional and legal
capacity-building and for information exchange. NORWAY noted
connections with COP discussions on agrobiodiversity and
Article 8(j) and suggested, with CANADA, CHINA, COLOMBIA, the
EC, the EU and the RUSSIAN FEDERATION, a comprehensive
approach allowing the CBD to play a proactive role within
other relevant international fora.
NAMIBIA recommended a cross-sectoral approach to ABS in
national strategies. ARGENTINA stated that ABS is an economic
concern and that national legislation should take this into
consideration. INDIA and NIGERIA highlighted the need for
legislation and control measures in resource-user countries to
complement legal measures in resource-provider countries.
ETHIOPIA and PERU stressed the need for strong protective
measures in provider countries. TURKEY stressed the need to
recognize the country of origin in ABS agreements and
highlighted the need for control mechanisms. JAPAN suggested
establishment of international focal points and national
competent authorities. POLAND stated that ABS policies should
be reflected in national biodiversity strategies and action
plans. VENEZUELA commended the GEF for deeming the issue a
priority. PAPUA NEW GUINEA introduced the proposals of the
Pacific Island workshop, particularly formation of legislative
and administrative measures and development of incentive and
control measures for ABS arrangements by user countries.
ETHIOPIA and INDIA highlighted the issue of IPRs, and INDIA
endorsed the recommendation to further explore the
compatibility of the Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPs) and CBD objectives.
NORWAY requested the Secretariat to continue collecting
information on IPR-related issues and countries to address
this issue within the TRIPs Council. TURKEY noted that sui
generis systems are necessary to accommodate differing
national circumstances. ETHIOPIA called for addressing ex situ
collections acquired prior to the entry into force of the
Convention in greater detail. BRAZIL questioned the approach
within the FAO to renegotiating the International Undertaking
on Plant Genetic Resources (IU), and suggested that the issue
be addressed under the CBD. Chair Fisher noted that
discussions on access to genetic resources would continue and
asked delegates to hold informal consultations on how to
address ex situ collections.
IN THE BREEZEWAYS
As delegates launched into discussions on access to genetic
resources, many noted linkages with other international fora
currently under review. Some participants pondered how the
ongoing TRIPS review, particularly on biodiversity-related
issues, and the beleaguered renegotiation of the International
Undertaking would impact and be impacted by COP-5�s
decisions.