Association of Zoos and Aquariums

The Convention on Biological Diversity

The Convention on Biological Diversity (CBD) was launched in June 1992 at the United Nations Conference on Environment and Development (the "Rio Earth Summit"). The CBD is an umbrella treaty that establishes three main goals:

the conservation of biological diversity
sustainable use of biological diversity
the equitable sharing of benefits from the use of genetic resources

There are currently 180 parties to the convention, including 179 countries and the European Community. The United States has signed the treaty, but has not yet ratified it.

Because the United States is not a Party to the convention, it may only attend meetings as an Observer with limited participation in sessions and discussions. About once every two years there is a Conference of the Parties (COP), which next meets March 2006 in Brazil. A 65-person Secretariat located in Montreal, Canada, supports the COP and the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) provides scientific and technical advice. The SBSTTA meets once a year to address any questions that the COP has and to make recommendations to it.

What are the obligations under the CBD?

When a country becomes a Party to the CBD, it is obligated to develop national programs and strategies to carry out the goals of the convention. Specifically, a Party must incorporate conservation and sustainable use of biodiversity into national decision-making and place an emphasis on the role of local and traditional communities.

Secondly, the CBD requires that Parties identify biodiversity components that may be important for conservation and sustainable use. Parties must monitor such components and conduct environmental impact assessments to identify activities likely to adversely affect these components. In addition to their own in situ conservation programs, Parties must also participate in ex situ biodiversity conservation programs, preferably in the countries of origin.

Finally, there are specific obligations referred to as Access and Benefit Sharing that Parties must adopt regarding access to, use of, and benefit sharing from the use of genetic resources. Parties must facilitate access to genetic resources so that other Parties may use them in environmentally sound ways. The access to these resources must be under mutual consent from both Parties involved, and Parties must take legislative, administrative, or policy measures to ensure equitable benefit sharing from any commercial or other utilization of genetic resources.

How does the CBD affect the zoo and aquarium community?

Access to genetic resources
The most relevant aspects of the CBD to the zoo and aquarium community at the present time are the issue of access to genetic resources, which includes live animals and plants, and the treatment of pre-existing collections. The CBD states that authority to allow access rests with national governments, but stipulates that any Party to the convention must facilitate access to resources for other Parties as long as the use is for an environmentally sound reason and that the terms of access and benefit sharing (royalties, financial investments, research programs in range states, use of progeny, etc.) are mutually agreed.

Equitable benefit sharing system
The concept of fair and equitable benefit sharing is especially important to developing countries since they harbor the greatest share of the planet's biodiversity, yet they do not always obtain a fair share of the benefits reaped from the development of these resources (ie. pharmaceuticals, cosmetics, and high-yielding plant varieties). It is believed that an equitable benefit sharing system creates incentives for biologically rich yet economically poor countries to conserve their genetic resources.

There has been much debate among Party countries as to whether the CBD should simply assist developing countries in meeting their obligations under the access and benefit sharing provision, or whether a legally binding Protocol on the process should be established. A significant milestone was the adoption of the Bonn Guidelines, which are voluntary provisions aimed at assisting stakeholders with the implementation of the access and benefit sharing provisions of the convention. Unfortunately, many Parties do not view the Bonn Guidelines as sufficient and continue to push for the negotiation of a legally binding instrument that would legally mandate certain obligations, approaches, etc.

The bottom line for AZA member institutions is that the CBD may affect (by limiting or conditioning) access to animal specimens in their native habitats or in collections in range states. While there are significant legal issues related to retroactive application of benefit sharing provisions to existing collections, some countries also continue to advocate this result. One of the biggest concerns in the negotiation of a new legal regime could be the creation of a one-size fits all regime (motivated by interest in sharing benefits from bioprospecting and "blockbuster" drugs) that is not practical, workable or necessary in the zoo context.

What is the AZA doing to monitor the CBD?

In order to keep current with issues arising under the CBD that may affect AZA member institutions, AZA has employed the services of a consultant, Laura van der Meer of International Environmental Resources, SPRL (Brussels, Belgium), to report on meetings that are relevant to the concerns of the zoo and aquarium community, both to identify potential threats and potential opportunities for the zoo and aquarium communities.

Ms. van der Meer then sends written summaries of the meetings, detailing issues that may be of particular interest to AZA member institutions. In this way, AZA continues to monitor the Convention on Biological Diversity, can formulate its position on appropriate subjects where necessary, and keep member institutions informed.

Questions?

Contact or call 301-562-0777 x249.