Is the CBD Model Satisfactory to Achieve its Objectives of Conservations and Sustainable Use of Biodiversity?

HISTORY OF THE CONVENTION ON BIOLOGICAL DIVERSITY MODEL

     During the Earth Summit held in Rio de Janeiro in 1992, the Convention on Biological Diversity was opened for signature by national governments. This   legally binding treaty was the first global agreement on the conservation and sustainable use of all components of biodiversity such as genetic resources, species and ecosystems. It entered into force in 1993 and currently has 190 parties, reflecting virtually universal participation.

     In ratifying the Convention, the parties have committed themselves to achieve three explicit objectives: the conservation of biological diversity; the sustainable use of its components; and the equitable sharing of benefits arising out of the utilization of genetic resources. The main purpose of the CBD is to promote sustainable development and it stresses that the conservation of biological diversity is a common concern of humankind but recognizes that nations have sovereign rights over their own biological resources. 

OVERVIEW ON THE CONSERVATION AND SUSTAINABLE USE

Conservation of Biological Diversity

     In plain language, conservation means the planned management of a natural resource to prevent exploitation, destruction, neglect of the natural environment and wildlife. The CBD does not define the word conservation, nevertheless, it defines in situ and ex situ conservation. In situ refers to the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural. Ex situ means the conservation of components of biological diversity outside their natural habitats.

     Article 8 sets out a comprehensive framework for in-situ conservation and the parties should addresses the following issues in their national biodiversity planning such as protected areas; regulation and management of biological resources; regulation and management of activities; rehabilitation and restoration; alien species and so on.

            The Article 9 of the Convention sets out ex situ conservation whereby parties should adopt measures to establish and maintain facilities foe ex situ conservation of and research on plants, animals and microorganisms; for the recovery and rehabilitation of threatened species and for their reintroduction into their natural habitats and so forth.

Sustainable Use of Biological Diversity

     Article 10 of the Convention sets out the objective of sustainable use of biological diversity. Sustainable use is defined in the Convention as: "the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations". Article 10 sets out five general areas of activity: (a) integrate sustainable use into national decision-making; (b) avoid or minimize adverse impacts on biological diversity; (c) protect and encourage customary uses of biodiversity in accordance with traditional cultural practices; (d) support local populations to develop and implement remedial action in degraded areas and (e) encourage cooperation between its governmental authorities and its private sector in developing methods for sustainable use of biological resources.

SATISFACTION OF CONVENTION ON BIOLOGICAL BIODIVERSITY

Biodiversity Target: Promote Sustainable Use and Conservation

     The following are the examples of parties implementing Biodiversity Target to promote sustainable use and conservation. In Morocco, there are co-management agreement between the High Commission for Water, Forests and to Combat Desertification and a women's cooperative was established in the Eastern region of the country related to wild rosemary. As part of the agreement, the cooperative has the right to use and sell extracts and essential oils extracted from 22,000 hectares of wild rosemary in exchange for sustainably exploiting the resource and allowing sufficient time for its recovery.

     Another instance in Sweden, the Swedish Board of Fisheries has started a co-management programme for the fishing industry based in Vättern, the second largest lake in Sweden. The aim of the project is to reach long-term sustainable fishing in the lake. The co-management project is carried out under the auspices of the Lake Vättern Society of Water Conservation, in which municipalities, companies, and county administration boards participate. The work undertaken as part of this programme include, amongst other things, an analysis and possible adaptation of fishing guidelines for the lake, the production of information brochures, and the evaluation of no-fishing zones in the lake. This programme is one of six co-management pilot projects commissioned by the government.

     In Czech Republic, 7.36% of all agricultural land is devoted to organic agriculture. The country has set an objective of increasing the share of organic agricultural land of at least 6% by 2005 and to at least 10% by 2010. If current trends persist this target will be met.

     Furthermore, in 1994, Uganda adopted a programme under which protected wildlife areas shared part of their tourism revenues with local people. This approach is now being used in several African countries. In recognition of the environmental services that forests provide to the nation, Costa Rica's 1996 Forestry Law includes provisions to compensate private landowners and forest managers who maintain or increase the area of forest within their properties.

     In Tanzania, problems surrounding the sustainable use of Lake Manyara, a large freshwater lake, arose following increased usage in recent decades. The formation of the Lake Manyara Biosphere Reserve to combine both conservation of the Lake and surrounding high value forests with sustainable use of the wetlands area and simple agriculture has brought together key users to set management goals. The Biosphere Reserve has fostered studies for the sustainable management of the wetlands, including monitoring the ground water and the chemistry of the escarpment water source.

     Moreover, in Clayoquot Sound on the western coast of Vancouver Island, Canada, encompasses forests and marine and coastal systems. The establishment of adaptive management to implement the ecosystem approach at the local level is currently under development with the involvement of indigenous communities, with a view to ensuring rational use of the forest and marine resources.  

Malaysian Position to Meet the Sustainable Use and Conservation

     Like other countries, it is also suffering from biodiversity erosion but the country is making its best efforts within its means to conserve the existing biodiversity. Malaysia is a member of CBD. In order to conserve its rich biodiversity, it has enacted the Waters Act 1920, the Land Conservation Act 1960, the National Land Code 1965, the National Forestry Act 1984, the Protection of Wildlife Act 1972, the National Parks Act 1980, the Environmental Quality Act 1974, the Exclusive Economic Zone Act 1984, the Fisheries Act 1985 and so on.

     These Acts are being implemented in the light of the National Forest Policy, the National Agricultural Policy and the New National Agricultural Policy (1991-2000), National Biodiversity Policy and overall policies on abatement and control of environmental pollution. Malaysia has a good record of accomplishment in implementing its laws and biodiversity conservation policies. It has met all the criteria of conservation of its biological diversity. Because of this reason, the Global Environmental Facility (GEF) has decided to set up its regional hub here.

     Although there are many examples, which illustrate that, the parties try to integrate conservation and sustainable use of biological diversity. Nevertheless, the CBD model has its own weaknesses which impedes an implementation of these two objectives. 

WEAKNESSES OF THE CBD MODEL TO ACHIEVE CONSERVATION AND SUSTAINABLE USE

Providing Framework, Not Obligations

     As a matter of interpretation, the CBD only providing framework but mandates little. The terms such as "as far as possible and as appropriate" are scattered throughout the treaty. Another instance, a party must develop national strategies for conservation and sustainable use of biological diversity and integrate conservation and sustainable use into relevant plans, programs, and policies "in accordance with its particular conditions and capabilities". Likewise, the parties must implement research and training obligations by "taking into account the special needs of developing countries". This language reflects the different needs and capabilities of the parties.

     This qualifying language does not provide enforceable obligations, it does not create binding obligations. Consequently, the CBD is considered more of a framework convention because it does not set many precise obligations. As one scholar puts it, "a framework convention sets the tone, establishes certain principles and even enunciates certain commitments...As a rule, it does not contain specific obligations..nor does it contain a detailed prescription of certain activities".  

 Lack of Guidance on Incentives measures

     CBD recognise that biodiversity is natural capital that generates and helps to maintain ecosystem services that are essential for human well-being and economic development. Article 7 calls on parties to assess biodiversity and includes economic valuation of biodiversity as a key element of this assessment. Article 11 requires parties to adopt economic incentives for the conservation and sustainable use of biodiversity. Nevertheless, the issue on incentive measures have been politicised during the meetings of the Conference of Parties (COP) because of the fear of some countries that economic instruments could act as disguised barriers to free trade. Consequently, COP has adopted very little concrete guidance on incentive measures.

     The absence of specific measures and guidance indicates that biodiversity is still undervalued and that incentives for conservation and sustainable use of biodiversity are rarely applied. Perverse subsidies and the lack of monetary values attached to hugely important services provided by ecosystems have been important factors contributing to the loss of biodiversity. Almost all countries indicate that they provide some financial support or incentives to national activities that are intended to achieve the objectives of the Convention, budget cuts are a serious problem in some countries. There are many instances of private contributions and resources generated from revenue measures but the resources are generally small at national and international levels.   

Malaysia: Inadequacy of Conservations and Sustainable Use Efforts

     The conservation efforts in Malaysia are inadequate for a number of reasons such as several important habitats are under-represented. For instance, wetlands such as mangrove forests, peat swamps and freshwater swamps are not adequately protected. It is importance as resting places for migratory birds and supporting fisheries. These habitats also support some unique flora and fauna because of their distinctive characteristics at the interface of terrestrial and aquatic systems.

            Another factor is the lack of adequate knowledge. There is little emphasis on the conservation of individual species of plants, insects or fish. Usually, conservation efforts of individual species are targeted towards large animals and to some extent birds. Furthermore, it lacks adequate regional and international cooperation in the conservation and management in common marine and terrestrial biological resources, for example in transboundary areas.

            Besides that, Malaysia has no single comprehensive legislation which deals with biological diversity and sustainable use as a whole. Most of the legislation is sector-based, for instance, the Protection of Wild Life Act 1972 deals with the protection of wildlife. The most distinct feature of the legislative framework relating to biological diversity is that under the Federal Constitution. Some matters are under the responsibilities between the Federal and State authorities such as protection of wild animals and wild birds fall under the legislative authority of both the Federal and State Governments. Nevertheless, there are matters fall under the legislative authority of the state, for instance forest and agriculture. From the perspective of effective conservation and sustainable use, it shows that the current legislative framework creates some restrictions, thereby causing some deficiencies. Due to the fact that the areas of jurisdiction of Federal and State Governments as defined in the Constitution lead to non-uniform implementation between states in Malaysia.

Traditional Knowledge

     Article 8(j) of the CBD requires parties to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity. Parties to the CBD have taken steps to protect the knowledge, innovations and practices of indigenous and local communities. The decisions of the Conferences of the Parties have provided guidance to States on the implementing of Article 8(j) and have called for information gathering and case studies on existing efforts to protect traditional knowledge.

     Nevertheless, many parties failed to comply with their obligations under Article 8(j) and related provisions has limited the Convention's efforts to effectively protect traditional knowledge. For instance, many parties have failed to carry out their duties to report on their efforts to implement Article 8(j). Few parties have indicated that they consider the protection of traditional knowledge to be a high priority in their reports. Moreover, while just over half the submitted reports have shown that parties were talking or considering some action to address the implementation of Article 8(j). Furthermore, about a third of the responding parties indicated that they were taking no measures to address the protection of traditional knowledge.

     Besides that, the weakness in the CBD's framework for protecting traditional knowledge have also limited the Convention's effectiveness. In particular, the CBD's reliance on State sovereignty over biological resources and State efforts to carry out its traditional knowledge protections have frustrated the CBD's efforts to safeguard the knowledge, innovations and practices of indigenous and local communities. Another critic has also pointed to the failure of parties to involve indigenous people effectively in the CBD's work.

     Furthermore, the CBD itself does not define traditional knowledge, thus, the parties have interpreted the term refer to 'the knowledge, innovations and practices of indigenous and local communities around the world'. This definition does not address the contentious question of whose knowledge warrants protection. Though the CBD states that its traditional knowledge provisions apply to 'indigenous and local communities embodying traditional lefestyles', the CBD has never defined that phrase.

     In addition, by limiting its protections to 'indigenous communities' and ignoring the more generally accepted term 'indigenous people', the CBD fails to protect the traditional knowledge of indigenous individuals that do not live within an indigenous community.   

Lack of Compliance Strategies

     The CBD leaves adherence and implementation entirely up to the discretion of the signatories and provides no consequences for inaction. For the CBD to serve as an effective conservation and sustainable use purpose now, the CBD must be amended to include concrete legal responsibilities. The CBD's current substantive rules rely too heavily on each State's discretion by failing to define specific duties.

     To ensure legal duties are actually performed, compliance and enforcement mechanisms must be set in place, to provide the frontline defence to CBD inaction. There are three traditional enforcement mechanisms from which to choose: negative incentives in the form of penalties, sanctions, and withdrawal of privileges; sunshine methods, such as monitoring, reporting, transparency, and NGO participation; and positive incentives.  The imposition of sanctions and or trade restrictions to inspire implementation of conservation goals and objectives should be a more seriously considered approach. 

Hindu Kush-Himalayan

     All the parties earnestly sought into place measures to ensure implementation of the CBD. These countries have taken both direct actions and supporting actions for conservation and sustainable use but all the countries have different stages of implementation.  Thus, the problems and challenges remains.

     The first constraint for HKH is poverty. The majority of people in the HKH mountain regions are poor. Income inequality especially remains a major factor impeding the implementation of the CBD because it influences the quality of social relations and thus conservation. In unequal societies, trust does not always exist among different groups and this has consequences for resource management.

     Another constraint is, the CBD is little known and poorly understood among the members of civil society and at many levels of administration. The knowledge gap extends to the implementation of the CBD and the extent to which required technologies have or have not been transferred from the developed world to the poor mountain areas. Other than a few examples of methods assessing populations of wild animals and limited research for academic interests, technology transfer has barely taken place.

     Besides that, while for reporting purposes the Hindu Kush-Himalayan region is divided along country boundaries, the biodiversity resources generally do not follow political divisions and routinely cross national borders. Efforts are needed to develop bilateral and regional cooperation frameworks in order to conserve such species and protect common genetic resources and associated traditional knowledge. The early indications of bilateral and transboundary cooperation are encouraging, however, it remains to be seen how the policies will be implemented. 

Incomprehensive National Reports

     Parties to the CBD must ensure they meet the three objectives of the Convention. Nevertheless, only two of these commitments are binding whatever the circumstances. These articles are Article 6 states the obligation to develop and implement a national biodiversity strategy and action plan and to mainstream this within sectoral and cross-sectoral plans, programmes and policies while Article 26 states that the obligation to report to the COP on the measures taken for implementation of the Convention and the effectiveness of these.

     Parties are to develop NBSAP; mainstream policies and programmes designed to ensure the conservation and sustainable use of biodiversity within relevant sectors of public administration and economic activity; and periodically reports on the steps it has taken and the effectiveness of these to the COP. It will enable the COP to fulfil its primary responsibility to "keep under review the implementation of this Convention" as states under Article 23 of the Convention.

     Nevertheless, the format and the periodicity of national reports were proving not conducive to providing the COP with a comprehensive and reliable overview of the status of implementation. The Secretariat had identified the difficulties faced in forming a picture of the true state of implementation and noted that "to date, the implementation of national biodiversity strategies and action plans has not been subjected to an in-depth analysis by the Conference of the Parties or one of its subsidiary bodies".

     Countries were requested to use the national report to provide a summary of progress in the implementation of their NBSAP as well as in promoting biodiversity mainstreaming. One hundred and thirty one parties had submitted their reports. In spite of the wealth of information provided in these reports, few provide detailed information on the extent to which activities in their NBSAPs have been implemented or on what outcomes have been achieved. Only a very limited number provide quantitative assessments of implementation. These reports have typically assesses implementation levels to be between 30 and 50 per cent of planned NBSAP activities. A number of countries such as the Philippines, report that they are unable to provide full information because they lack essential monitoring tools. 

An Obstacles to Implement NBSAP

     Article 6(a) of the Convention creates an obligation on the party to adopt national plan or strategy for conservation and sustainable use. The manner in which NBSAPs have been prepared and designed gives some indication of the likelihood of success. Nevertheless, there are many shortcomings to implement NBSAP. The following are those shortcomings, for instance, in action plan design. Some countries have only strategies with no action plans and in some cases, the action plans are in fact no more than strategies with soft policy objectives. Both models indicate limited commitment to implementation which in any case will be difficult to monitor. Other NBSAPs are unrealistically ambitious with more than a hundred unprioritised activities outlined in their action plans. As stated by other NBSAP reviewers, this type of action plan is likely to freeze countries into inaction if the external funding does not arrive.

     Another obstacle is quantitative targets, indicators and monitoring mechanisms. These are lacking from most NBSAPs and this situation not only complicates the monitoring of implementation but also indicates a lower level of commitment to implementation. Besides that is the coverage of the Convention's objectives. The fact that most NBSAPs cover conservation issues in much greater detail than issues related to sustainable use and benefit sharing leads to an uneven degree of implementation of the three objectives.

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