SSI Info Update: Int'l Agenda for Biodiversity (Part 1 of 2)

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Biodiversity Reference Guide, and we felt this important international effort should be higher on SSI's radar screen. This Update provides:

** some history on the Biodiversity Treaty and subsequent international proceedings;

** a sense of the US position at the meetings and a description of the US delegation;

** a brief description of the various issues currently confronting the of indigenous peoples, intellectual property rights, and biosafety; and ** a brief description of administrative systems set up for getting the not post this update to any listservers or bulletin boards without talking first to SSI Organizer Lori Jackson (ljackson@ucsusa.org).

Thanks!

A briefing update produced by the Union of Concerned Scientists numerous non-governmental organizations are meeting in Buenos Aires to the third annual Conference of the Parties to the Convention on Biological Diversity (COP-3). **About the Convention on Biological Diversity (Convention)** The Convention was adopted by the 1992 "Earth Summit" in Rio de Janeiro and entered into force as international law in late 1993. It is the principal international treaty designed to conserve the diversity of living organisms -- including the genetic variability within species, differences among species, and the variation among ecological communities and ecosystems. In addition to conservation, the Convention has two other stated objectives: The sustainable use of biodiversity and the fair and equitable sharing of benefits arising from the use of genetic resources. The Convention's mix of objectives -- conservation, sustainable use, and equitable benefits sharing -- sets up inherent conflicts within individual countries (i.e., simultaneous and sometimes incompatible pressures to conserve and exploit biodiversity) and between countries (i.e., between those countries having the most to gain or lose in benefit sharing). The development of a legal framework for deciding how profits derived from biodiversity might be distributed -- for example, partitioning the profits from drug discoveries among the company, the host country, and perhaps local people who had traditional knowledge of the plant's pharmaceutical benefits -- has proven complex and contentious. More than 150 countries have now ratified the treaty and become Parties to the Convention. President Clinton signed the Convention for the US in June 1993 following his administration's interpretation of certain provisions as safeguarding intellectual property rights and other industry concerns. Even though the US pharmaceutical and biotechnology industries were satisfied with the agreement Clinton negotiated, the Convention was not ratified by the US Senate as expected in 1994 because of sudden and strong opposition generated by the Farm Bureau, the American Sheep Industry Association, and several organizations in the "wise use" movement. It is difficult to capture the exact nature of the opposition, but some of the key arguments included fears that an extreme environmental agenda was being imposed on the country, that property rights would be trampled by the treaty, and that commercial and recreational activities would be excluded from the concept of "sustainable use." Others claimed that the treaty was an offensive religious philosophy in disguise (that all species have equal rights), that the treaty was really a "cash cow" to transfer wealth and technology from developed nations, and that US national sovereignty would be subordinated to the United Nations. Having lost its initial momentum, ratification seems unlikely any time soon, especially since the recently reelected Chair of the Senate Foreign Relations Committee, Jesse Helms (R-NC), is an ardent opponent of the treaty. Until Senate ratification occurs, the US will remain a conservation and use, and deal with procedural aspects of implementing the treaty. The first COP in Nassau, the Bahamas in 1994 established the basic operating machinery of the treaty -- adopting a work plan, designating the Secretariat, establishing the science advisory panel, and designating the Global Environment Facility (GEF) as the interim financial mechanism (described more fully below).

Starting in 1995, each COP has been preceded by a meeting of the Subsidiary Body on Scientific, Technical, and Technological Advice (SBSTTA). This body advises the COP on scientific and technical issues, and its meetings provide a first take on areas of consensus and contention -- for example, SBSTTA-1 examined in depth technical aspects of the conservation and sustainable use of coastal and marine biological diversity, creating the framework for substantive decisionmaking at the next COP. The work of the COP often involves consideration of the SBSTTA's findings or identifying new areas for SBSTTA efforts.

The COP considered its first substantive issue at the second meeting fully honored their financial commitments. The latter was forcefully put there is compelling evidence that developed countries, with the sole exception of Norway, are failing to meet their financial obligations to support biodiversity conservation in the world's poorer countries.

Simultaneous with the Global Biodiversity Forum was the International Indigenous Forum on Biodiversity, attended by approximately 200 indigenous people from around the world. The Convention stipulates that indigenous communities should be compensated for use of their traditional knowledge of biodiversity -- for example, by the pharmaceutical, food, and cosmetics industries that make use of such information in product discovery and development. However, indigenous communities have a voice, but not a vote, at COP meetings. The Forum's goal was to identify ways to influence the COP and to develop links among groups for sharing information, analyses, and strategies.

**The United States at COP-3**

Positions that will be presented by the US delegation at COP-3 are largely based on current domestic policies and programs. The US delegation typically is the provider rather than the recipient of new a transition toward sustainable agriculture and the need to conserve and sustainably use plant genetic resources. The conceptual framework for addressing agriculture and biodiversity is relatively unformed going into the COP-3. Consequently, some uncertainty surrounds what type of product will emerge from the meeting. Likely topics of debate include: the

relative emphasis on traditional versus modern agriculture; whether the Convention on Biological Diversity is the correct international venue for promoting sustainable agriculture; whether the COP should promote biotechnology; and questions about ownership of genetic resources in germplasm repositories. Recent initiatives by the US Department of Agriculture to promote sustainable farming practices will form the core of the US delegation's position in this area -- including increased use of Integrated Pest Management (IPM) and efforts to reduce the risks and use of pesticides.

(2) The future program of work for terrestrial biological diversity. COP deliberations of terrestrial systems thus far have focused on forests. However, the COP has essentially put off its own work pending the outcome of related efforts by the Intergovernmental Panel on Forests (IPF) convened by the Commission on Sustainable Development. But participants have been frustrated by the IPF's slow progress. The central tension in the IPF proceedings has been balancing the conservation of forest information and methods for fulfilling the identification, monitoring, and assessment functions. Among other things, the SBSTTA concluded that there is a large gap between the Convention especially in certain systems such as freshwater environments. The SBSTTA stressed the need to develop indicators that can be used both to assess and to monitor changes in biodiversity -- in order to capture the maximum amount of information with the minimum number of tasks. The COP will consider the SBSTTA's work and may initiate follow-up or pilot projects to advance development of the necessary methodologies.

(4) Rights of indigenous and local communities and access to genetic resources.

One goal of the Convention is to ensure equitable sharing of benefits from the use of genetic resources. At issue here is who owns these resources, who should profit from their use, and what ownership and access rights should be afforded to indigenous peoples, farmers, and local communities. Additional concerns surround the development of appropriate mechanisms to compensate local and indigenous communities for traditional knowledge and innovations. enabled scientists to genetically and biochemically modify plants, animals, and micro-organisms to create living modified organism. Many countries with biotechnology industries already have domestic legislation in place intended to ensure the safe transfer, handling, use, and disposal of these organisms and their products. These precautionary practices are collectively known as biosafety.

The 1995 COP established an "Open-ended Ad Hoc Working Group" on biosafety that met in Denmark last July. There, the Working Group began the arduous task of developing a global protocol on safety in biotechnology. The meeting produced little in the way of written results, but did provide a forum for defining issues and articulating positions. Some surprising differences emerged in counties' perspectives on biotechnology, with middle-income developing countries seeing it as a By far the most contentious -- and perhaps most important -- of the administrative issues is how funds will be made available to developing countries to preserve their biodiversity. The Convention identified the need for an objective financial mechanism by which developed countries could help developing countries meet the costs of implementing the treaty. The "Global Environment Facility" (GEF) -- in which funding programs are implemented by three agencies, the World Bank, the United Nations Environment Program, and the United Nations Development Program -- has thus far served this role on an interim basis.

The question before COP-3 is whether the GEF will become the permanent home of the financial mechanism. The GEF disperses funds not only for work on biological diversity, but also for projects related to climate change, ozone, and international waters. Some Parties do not believe the GEF is an ideal funding mechanism because biodiversity is not its sole priority, and some countries have raised concerns about inclusion of countries that are not Parties to the Convention on the GEF Council.

In response to criticisms of the level and speed of GEF's biodiversity the Convention established an information clearing-house envisioned as a virtual library of resources available over the Internet. The clearing-house is still in its pilot phase, but some countries have questioned whether its functions should expand to include consultation countries for use of biodiversity resources.

**Brief Analysis of Convention Progress**

Some NGOs chafe at the slow progress in implementing the Convention, complaining that there has been little tangible progress since the Rio Summit in 1992. Other participants counter that the treaty has only been ratified for three years and the delays are not surprising given its ambitious scope. Each of its goals -- conservation, sustainable use, and equitable sharing of benefits -- require significant effort, and the COP has had to develop an institutional structure for implementing the Convention from scratch. In some cases, the actual functions of the new organizational entities are somewhat ambiguous. For example, participants in the 1996 SBSTTA meeting raised concerns that the proceedings were too much like a COP meeting, with few attendees having appropriate expertise

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