The Indigenous World 2023: Convention on Biological Diversity (CBD)
The Convention on Biological Diversity (CBD) is an international treaty under the United Nations (UN), adopted in 1992. The Convention has three objectives: to conserve biodiversity, promote its sustainable use, and ensure the equitable sharing of the benefits arising from its utilisation (Art. 1).
The Convention has developed programmes of work on thematic issues such as marine, agricultural and forest biodiversity, and on cross-cutting issues such as traditional knowledge, access to genetic resources, and protected areas. All the programmes of work have a direct impact on Indigenous Peoples’ rights and territories. The Convention recognises the importance of traditional knowledge (Art. 8j) and customary sustainable use of biological resources (Art. 10c) for the achievement of its objectives.
In 2010, the 10th meeting of the Conference of the Parties (COP 10) adopted the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation and the Strategic Plan for Biodiversity 2011-2020, including 20 Aichi Biodiversity Targets, none of which were met.
The International Indigenous Forum on Biodiversity (IIFB) was established in 1996 during COP 3 as the Indigenous Peoples’ caucus in the Convention processes. Since then, the IIFB has worked as a coordination mechanism to facilitate Indigenous participation in, and advocacy at, the Convention through preparatory meetings, capacity-building activities and other interventions. The IIFB has managed to get many of the Convention’s programmes of work to consider Indigenous Peoples’ traditional knowledge, as well as their customary use of biodiversity and effective participation. The IIFB has also been active in the negotiations regarding access to genetic resources in order to defend the fundamental rights of Indigenous Peoples that should be included therein.
Adoption of the Kunming-Montreal Global Biodiversity Framework at COP 15
After four years of difficult negotiations, a global biodiversity strategy to guide global action to 2050 was approved in the early morning of 20 December 2022. The agreement is called the Kunming-Montreal Global Biodiversity Framework (KMGBF).[1] Earlier in the year, three meetings of the Open-ended Working Group on the post-2020 Global Biodiversity Framework (OEWG) took place – in March, June and December, held in Geneva, Nairobi and Montreal, respectively –, finally culminating in the 15th Conference of Parties (COP 15) of the CBD in Montreal. Decisions were also adopted on the Planning, Monitoring, Reporting and Review of the KMGBF,[2] the Monitoring Framework and Indicators to track its implementation[3] as well as the development of a new programme of work and institutional arrangements on Article 8(j) and other provisions of the Convention related to Indigenous Peoples and local communities.[4]
A Nature and Culture Summit,[5] now a regular feature of the CBD COPs, had high-level panels and roundtable dialogues on strengthening links between nature and culture, local examples of biocultural diversity, knowledge systems and the values of nature and efforts on monitoring and indicators. Films highlighting stories from Local Biodiversity Outlooks were shown throughout the event and at numerous side events organised by IIFB and collaborating partners.[6]
Policy advocacy work of the IIFB
Accompanying these negotiations were regular, often weekly, preparatory meetings of the IIFB,[7] drafting, jointly discussing, and agreeing on policy proposals for submission during the formal and informal meetings. IIFB’s closing statement lauded the inclusion of significant language on the human rights, roles and contributions of Indigenous Peoples and local communities in the goals and targets of the KMGBF, and the importance of moving swiftly towards its implementation.
The urgency of the environmental crisis does not end with the signing of the GBF. We must work quickly and efficiently for its implementation. From the depths of our territories, our ancestors and authorities are urging serious actions to protect our Mother Earth and all life, together with us.
The Post-2020 GBF recognizes the integrity and distinct nature of the lands, territories and resources of IPLCs and our full and equitable participation in decision-making towards its implementation. IIFB will be your partners in applying the adopted monitoring and reporting framework through community-based monitoring. Robust indicators for monitoring contributions of IPLCs, will provide a fuller picture of post-2020 GBF implementation, also applying indigenous concepts and local languages,.
We have spoken and you have heard us, let us now put those words into action.[8]
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Rights of Indigenous Peoples and local communities in the goals and targets of the KMGBF Indigenous Peoples’ rights are explicitly mentioned in two paragraphs of the COP decision adopting the KMGB, in paragraph 8 on considerations for implementation; in one of the four goals (Goal C); and in seven of the 23 targets (targets 1, 3, 5, 9, 19, 21, and 22), including:
Other parts of and targets in the framework are also highly relevant (Targets 4, 13, 15, 17, 23) to Indigenous Peoples and local communities even when not explicitly mentioned. Other positive text for Indigenous Peoples and local communities is included in the KMGBF’s sections on communication, education, awareness, and uptake.
Relevant language on the rights of Indigenous Peoples and local communities in the KMGBF (highlights added by author) 4. Urges Parties and other Governments, with the support of inter-governmental and other organizations, as appropriate, to implement the Kunming-Montreal Global Biodiversity Framework, and, in particular, to enable participation at all levels of government, with a view to fostering the full and effective contributions of women, youth, indigenous peoples and local communities, civil society organizations, the private and financial sectors, and stakeholders from all other sectors, to that end; 6. Reaffirms its expectation that Parties and other Governments will ensure that the rights of indigenous peoples and local communities are respected and given effect to in the implementation of the Kunming-Montreal Global Biodiversity Framework;
Section C. Considerations for the implementation of the Kunming-Montreal Global Biodiversity Framework Contribution and rights of indigenous peoples and local communities 8. The framework acknowledges the important roles and contributions of indigenous peoples and local communities as custodians of biodiversity and partners in its conservation, restoration and sustainable use. The framework’s implementation must ensure that the rights, knowledge, including traditional knowledge associated with biodiversity, innovations, worldviews, values and practices of indigenous peoples and local communities are respected, documented, and preserved with their Free, Prior and Informed Consent, including through their full and effective participation in decision-making, in accordance with relevant national legislation, international instruments, including the United Nations Declaration on the Rights of Indigenous Peoples, and human rights law. In this regard, nothing in this framework may be construed as diminishing or extinguishing the rights that indigenous peoples currently have or may acquire in the future.
Section G. Global Goals for 2050 Goal C The monetary and non-monetary benefits from the utilization of genetic resources, and digital sequence information on genetic resources, and of traditional knowledge associated with genetic resources, as applicable, are shared fairly and equitably, including, as appropriate with indigenous peoples and local communities, and substantially increased by 2050, while ensuring traditional knowledge associated with genetic resources is appropriately protected, thereby contributing to the conservation and sustainable use of biodiversity, in accordance with internationally agreed access and benefit-sharing instruments.
Section H. Global Targets for 2030 1. Reducing threats to biodiversity TARGET 1 - Biodiversity-inclusive Spatial Planning Ensure that all areas are under participatory, integrated and biodiversity-inclusive spatial planning and/or effective management processes addressing land and sea use change, to bring the loss of areas of high biodiversity importance, including ecosystems of high ecological integrity, close to zero by 2030, while respecting the rights of indigenous peoples and local communities. TARGET 3 – Area-based Conservation Ensure and enable that by 2030 at least 30% of terrestrial and inland water, and of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem functions and services, are effectively conserved and managed through ecologically representative, well-connected and equitably governed systems of protected areas and other effective area-based conservation measures, recognizing indigenous and traditional territories, where applicable, and integrated into wider landscapes, seascapes and the ocean, while ensuring that any sustainable use, where appropriate in such areas, is fully consistent with conservation outcomes, recognizing and respecting the rights of indigenous peoples and local communities, including over their traditional territories. TARGET 5 – Addressing Overexploitation Ensure that the use, harvesting and trade of wild species is sustainable, safe and legal, preventing overexploitation, minimizing impacts on non-target species and ecosystems, and reducing the risk of pathogen spill-over, applying the ecosystem approach, while respecting and protecting customary sustainable use by indigenous peoples and local communities.
2. Meeting people’s needs through sustainable use and benefit-sharing TARGET 9 – Sustainable Use of Wild Species Ensure that the management and use of wild species are sustainable, thereby providing social, economic and environmental benefits for people, especially those in vulnerable situations and those most dependent on biodiversity, including through sustainable biodiversity-based activities, products and services that enhance biodiversity, and protecting and encouraging customary sustainable use by indigenous peoples and local communities.
3. Tools and solutions for implementation and mainstreaming TARGET 19 – Financial Resources Substantially and progressively increase the level of financial resources from all sources, in an effective, timely and easily accessible manner, including domestic, international, public and private resources, in accordance with Article 20 of the Convention, to implement national biodiversity strategies and action plans, by 2030 mobilizing at least 200 billion United States dollars per year, including by: (f) Enhancing the role of collective actions, including by indigenous peoples and local communities, Mother Earth-centric actions and non-market-based approaches including community-based natural resource management and civil society cooperation and solidarity aimed at the conservation of biodiversity; TARGET 21 – Biodiversity-inclusive decision-making Ensure that the best available data, information and knowledge, are accessible to decision makers, practitioners and the public to guide effective and equitable governance, integrated and participatory management of biodiversity, and to strengthen communication, awareness-raising, education, monitoring, research and knowledge management and, also in this context, traditional knowledge, innovations, practices and technologies of indigenous peoples and local communities should only be accessed with their Free, Prior and Informed Consent, in accordance with national legislation. TARGET 22 - Rights Ensure the full, equitable, inclusive, effective and gender-responsive representation and participation in decision-making, and access to justice and information related to biodiversity by indigenous peoples and local communities, respecting their cultures and their rights over lands, territories, resources, and traditional knowledge, as well as by women and girls, children and youth, and persons with disabilities and ensure the full protection of environmental human rights defenders. |
KMGBF: weaknesses and risks
Beyond the highlighted elements above, there are underlying risks embedded in the overall framework, including weaknesses in addressing the direct and indirect drivers of the biodiversity crisis; regulating the impacts of business on biodiversity and people in Target 15; and the inclusion of biodiversity offsets and credits in Target 19.
COP 15 also failed to establish a dedicated Global Biodiversity Fund, including direct access mechanisms for Indigenous Peoples and local communities. Civil society organisations expressed serious concerns at the growing presence and influence of business interests and the potential for greenwashing and corporate capture in the process of implementation.
Monitoring and indicators and the battle for interpretation and implementation
The IIFB established a permanent Working Group on Indicators at the beginning of 2022 to ensure robust monitoring of the KMGBF, including the adoption of relevant indicators for Indigenous Peoples and local communities. COP Decision XV/5 welcomed community-based monitoring and information systems (CBMIS) and citizen science as contributing to the monitoring framework, including indicators on traditional occupations, Sustainable Development Goal (SDG) Indicator 1.4.2 on land tenure security, cultural vitality and linguistic diversity.[9] Further indicator work in 2023-24 is tasked to a technical expert group in order to address outstanding gaps (including on many of the indicators related to human rights) with the objective of finalising the monitoring framework at COP 16 in 2024.
Effective implementation of the KMGBF will require the full and effective participation of Indigenous Peoples and local communities in forthcoming processes to update National Biodiversity Strategies and Action Plans (NBSAP) and in establishing mechanisms for national and local monitoring, reporting and reviewing implementation. Reviewing and reforming national legal and policy frameworks to give effect to the rights of Indigenous Peoples and local communities on conservation, sustainable use of biodiversity, and access and benefit-sharing, as well as direct access to finances, will be important tasks arising from COP 15 decisions.
The Strategic Plan for Biodiversity and Aichi Biodiversity Targets (2011-2020) was remarkable for its non-implementation.[10], [11] With the global crises of biodiversity loss, climate change, pollution and social inequality deepening and accelerating with each passing day, will the KMGBF make a difference towards transformational change?
Public statements and analysis of COP 15 outcomes released by Indigenous Peoples organisations,[12], [13] non-governmental human rights organisations[14], [15] and civil society networks[16], [17] show different assessments about what was accomplished in Montreal and the challenges ahead. These range from cautious optimism to deep scepticism about the impacts of inter-governmental agreements, which are shackled within the structural dead-ends of mainstream economic and political systems. Despite these constraints, representatives of Indigenous Peoples and local communities put in enormous work and effort to push forward legal and policy proposals aimed at reforming egregious practices by States and corporations and safeguarding their communities from their worst impacts.
The final outcomes are still to emerge, largely from the collective actions to be taken by Indigenous Peoples and local communities as they continue to address the crises of culture and nature in their homelands and in the policy processes of their choosing. The KMGBF may serve as a tool to bolster their self-determined efforts while holding States and corporations accountable for the implementation of jointly negotiated and agreed global commitments.
Joji Cariño (Ibaloi-Igorot, from the Cordillera region of the Philippines) is an active advocate for Indigenous Peoples’ human rights at the community, national and international levels. She is currently a Senior Policy Adviser with the Forest Peoples Programme (UK). She is co-lead author of Local Biodiversity Outlooks: Contributions of Indigenous Peoples and Local Communities to the Strategic Plan for Biodiversity (2011-2020) and to Renewing Nature and Cultures. Contact: This email address is being protected from spambots. You need JavaScript enabled to view it.
This article is part of the 37th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous person in Tanzania. This photo was taken by Geneviève Rose, and is the cover of the Indigenous World 2023 where this article is featured. Find the Indigenous World 2023 in full here.
Notes and references
[1] UN Environment Programme. “Decision Adopted By The Conference Of The Parties To The Convention On Biological Diversity. 15/4. Kunming-Montreal Global Biodiversity Framework.” 7-9 December 2022, https://www.cbd.int/doc/decisions/cop-15/cop-15-dec-04-en.pdf
[2] UN Environment Programme. “Decision Adopted By The Conference Of The Parties To The Convention On Biological Diversity. 15/6. Mechanisms for planning, monitoring, reporting and review.” 7-9 December 2022, https://www.cbd.int/doc/decisions/cop-15/cop-15-dec-06-en.pdf
[3] UN Environment Programme. “Decision Adopted By The Conference Of The Parties To The Convention On Biological Diversity. 15/5. Monitoring framework for the Kunming-Montreal Global Biodiversity Framework.” 7-9 December 2022, https://www.cbd.int/doc/decisions/cop-15/cop-15-dec-05-en.pdf
[4] UN Environment Programme. “Decision Adopted By The Conference Of The Parties To The Convention On Biological Diversity. 15/10. Development of a new programme of work and institutional arrangements on Article 8(j) and other provisions of the Convention related to indigenous peoples and local communities.” 7-9 December 2022, https://www.cbd.int/doc/decisions/cop-15/cop-15-dec-10-en.pdf
[5] Convention on Biological Diversity. “Nature and Culture Summit – 11 and 12 December 2022 – COP 15.” https://www.cbd.int/article/cop15-nature-culture-summit
[6] Convention on Biological Diversity. “Local Biodiversity Outlooks 2.” Local Biodiversity Outlooks 2 | Convention on Biological Diversity (cbd.int)
[7] International Indigenous Forum on Biodiversity (IIFB), https://iifb-indigenous.org
[8] Mathew, Alice. “Indigenous Peoples and Local Communities celebrate COP15 deal on nature, and welcome the opportunity of working together with states to implement the framework.” International Indigenous Forum on Biodiversity (IIFB), https://iifb-indigenous.org/2022/12/19/indigenous-peoples-and-local-communities-celebrate-cop15-deal-on-nature-and-welcome-the-opportunity-of-working-together-with-states-to-implement-the-framework/
[9] UN Environment Programme. “Decision Adopted By The Conference Of The Parties To The Convention On Biological Diversity. 15/5. Monitoring framework for the Kunming-Montreal Global Biodiversity Framework.”
[10] Convention on Biological Diversity. “Global Biodiversity Outlook 5” https://www.cbd.int/gbo5
[11] Local Biodiversity Outlooks (Second Edition), https://localbiodiversityoutlooks.net/
[12] Lakpa Nuri Sherpa (AIPP). “Fifteenth meeting of the Conference of the Parties to the Convention on Biological Diversity (Part Two). Statement of IIFB.” December 2022, https://iifb-indigenous.org/2022/12/19/final-statement-of-iifb-cop15-191222/
[13] “Harmful Instrument, False Solutions, and Private Interests Take Over Global Biodiversity Summit.” Indigenous Environmental Network (IEN), December 2022, https://www.ienearth.org/harmful-instruments-false-solutions-and-private-interests-take-over-global-biodiversity-summit/
[14] “Biodiversity: COP15 biodiversity deal a ‘missed opportunity’ to protect Indigenous peoples’ rights.” Amnesty International, 19 December 2022, https://www.amnesty.org/en/latest/news/2022/12/biodiversity-cop15-biodiversity-deal-a-missed-opportunity-to-protect-indigenous-peoples-rights/
[15] “COP 15: only a human rights-based approach will guarantee the newly agreed biodiversity targets, says Minority Rights Group International.” Minority Rights Group International, 20 December 2022, https://minorityrights.org/2022/12/20/cop15/
[16] “TWN Info Service on Biodiversity and Traditional Knowledge.” Third World Network Berhad, 20 December 2022, https://www.twn.my/title2/biotk/2022/btk221204.htm
[17] Lovera, Simone. “The Good, the Bad and the Ugly: A Historical Deal for Biodiversity.” Global Forest Coalition, 29 December 2022, https://globalforestcoalition.org/the-good-the-bad-and-the-ugly-a-historical-deal-for-biodiversity/
Tags: Global governance, Climate, Human rights, IWGIA
