Achieving the Aichi Biodiversity Targets

Transcription

1 Achieving the Aichi Biodiversity Targets Legal Aspects, Best Practices and Lessons Learned to Support Implementation Frederic Perron-Welch and Freedom-Kai Phillips CISDL Biodiversity & Biosafety Law Research Programme Presentation Prepared for the Eighteenth meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA 18) June 23-28, 2014

2 Outline Sections and Contents Section 1 of the CISDL Program of Work on Biodiversity ( ) Selected Publications Capacity Building Section 2 Launch of the Global on National and Regional ABS Measures, 3 rd Edition Country s Challenges and Opportunities Section 3 Launch of the Biodiversity Legislation Study: A Review of 8 Countries Country s Lessons Learned

3 of the CISDL Research Programme on Biodiversity and Biosafety Law A decade of innovative legal research Informing policy makers Empowering communities

4 Publications Sustainable Biodiversity Law: Global Access, Local Benefits CISDL, Kathryn Garforth and Jorge M. Cabrera (CISDL) This scoping study examined future research priorities for access to genetic resources and benefit-sharing (ABS). Indentified that future ABS research priorities that will contribute to international development need to be understood from the perspective of the interests of developing countries and local and indigenous communities. Prepared following COP 7 in February 2004.

5 Publications The Political Economy of the International ABS Regime Negotiations International Centre for Trade and Sustainable Development (ICTSD), Jorge M. Cabrera (CISDL) This paper examines the history, evolution and current status of the negotiations of an international regime on ABS under the CBD. It addresses the inter-relationship between ABS and the World Trade Organization (WTO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Intellectual Property Organization (WIPO). Highlights options and scenarios for a synergistic implementation global instruments.

6 Publications The Interface between the Nagoya Protocol on ABS and the ITPGRFA at the International Level Fridtjof Nansen Institute, Jorge Cabrera Medaglia, Frederic Perron-Welch, and Freedom-Kai Phillips (CISDL) with Morten Walløe Tvedt, and Ane Jørem (FNI) This study analysis the relevant concepts in the ITPGRFA to identify possible loopholes and grey zones between these three ABS regulations. Examines: (1) the general dynamics of the negotiations under the international ABS regime, (2) different options in the current negotiations in relation to trade, intellectual property and bio-diversity issues and in particular disclosure of origin in IPR applications. (3) possible outcomes for the negotiations on these issues, and (4) the relationship of the ABS negotiations with other multilateral fora.

7 Publications An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing IUCN, Jorge Cabrera Medaglia, Frederic Perron-Welch (CISDL) and Thomas Greiber (IUCN), et al. Aims to facilitate the understanding of the legal obligations of the Parties under the Protocol. The guide is the product of collaboration with ABS experts to develop a publication that serves as an adaptable tool for future ABS capacity-building and awareness raising initiatives, as well as an important reference for countries in their efforts to implement the Nagoya Protocol and operationalize ABS in practice.

8 Publications Legal Aspects of Implementing the Cartagena Protocol on Biosafety Cambridge University Press, Marie-Claire Cordonier Segger, Frederic Perron-Welch, Christine Frison, Eds (CISDL) Part of the CUP series on treaty implementation for sustainable development. Examines key legal aspects of implementing the Cartagena Protocol on Biosafety to the UN Convention on Biological Diversity (CBD) at national and international levels. Discusses key issues under the Cartagena Protocol on Biosafety that affect the further design of national and international law on biosafety, and analyzing recent progress in the development of domestic regulatory regimes for biosafety.

9 Publications Legal Aspects of the Aichi Biodiversity Target 16: A Scoping Study International Development Law Organization (IDLO), Jorge Cabrera Medaglia, Frederic Perron-Welch and Freedom-Kai Phillips (CISDL) The scoping paper sets out the state-of-the-art legal knowledge on Aichi Biodiversity Target 16 and identify priority areas for future research. This survey of legal knowledge provides a foundation for future research work on the most promising instruments that will support the implementation of Target 16. Also examine the effectiveness of specific regional, national and subnational legal approaches. Prepared under IDLO s Legal Preparedness for Achieving the Aichi Biodiversity Targets program.

10 Publications Biodiversity Legislation Study: A Review of Biodiversity Legislation in 8 Countires CISDL, World Future Council, and Globe, Jorge Cabrera Medaglia, Freedom-Kai Phillips and Frederic Perron-Welch (CISDL) This study looks at the biodiversity-specific legislation of a series of countries (Costa Rica, India, Japan, Norway, South Africa, South Korea and Vietnam) and one region (European Union) to analyze how the provisions of the Convention can be implemented in law. The case studies are used to conduct a comparative analysis, and conclusions are drawn to determine the most effective measures for implementation of the Convention. Prepared for the 2 nd (2014). World Summit of Legislators

11 Publications of National and Regional Measures on Access and Benefit-sharing, 3 rd Edition CISDL, Federal Office of Environment (FOEN), Jorge Cabrera Medaglia, Frederic Perron-Welch and Freedom-Kai Phillips (CISDL) Reviews national ABS measures in Latin America and the Caribbean, Asia, the South Pacific, Africa, Europe and North America as well as the regional measures of the Andean Community, Association of South-East Asian Nations (ASEAN), the African Union (AU), the European Union (EU) and the Nordic countries. It examines the relevant laws and policies and their provisions on scope, prior informed consent, mutually agreed terms on benefit-sharing, compliance, and monitoring and enforcement Draft launched for comment at ICNP-3 (2014).

12 Global Capacity Building Trained 30 in-country lawyers (IDLO), 100 civil servants (ABS Initiative) and 200 business leaders (CNI) on implementation of Nagoya Protocol in Providing ongoing technical support to African Union for the development of AU guidelines for use by 54 African countries. Shared country experiences in biodiversity legislation to 100 legislators in sustainable use, conservation and equitable access of biodiversity.

13 Launch of the Global on National and Regional ABS Measures, 3 rd Edition Comprehensive overview of ABS Key reference guide for policy makers 7 Regions, 50 Countries surveyed

14 Rationale and Methodology Rationale In light of the adoption of the Nagoya Protocol and the goals set out in the Strategic Plan for Biodiversity, notably Target 16, it is important for countries that have or are in the process of putting in place national administrative, legislative or policy measures on ABS to share their experiences in relation to implementation. The CISDL published its first global research findings on National and Regional Measures on ABS in 2005, in preparation for the fourth meeting of the ABS Working Group (WG-ABS 4) in Following the adoption of the Protocol at COP 10, the CISDL periodically reviewed and revised its research findings to reflect ongoing changes in the international legal regime. Methodology CISDL has decided to look more deeply at existing ABS laws (pre- or post-nagoya Protocol), and also expand the scope of our inquiry to include draft frameworks, initiatives and draft legislation developed after the adoption of the Nagoya Protocol for the purpose of its ratification and/or implementation. When conducting this inquiry, we focus on the relevance of ABS laws and practices for other countries.

15 Countries Surveyed Latin America & the Caribbean Andean Community Bolivia Brazil Colombia Costa Rica Ecuador México Nicaragua Panamá Perú Venezuela Other Development -North America Canada United States of America Asia The Association of South East Asian Nations (ASEAN) Bhutan China Asia (Cont) India Malaysia The Philippines Middle East Egypt Iraq Jordan Syria United Arab Emirates Pacific Australia New Zealand Africa African Regional Intellectual Property Organization (ARIPO) African Unionα Commission on the Forests of Central Africa (COMIFAC) Cameroon Africa (Cont) Ethiopia Kenya Malawi Morocco South Africa Uganda Europe European Union Nordic Strategy Belgium Denmark Germany Sweden Switzerland Bulgaria Croatia Malta Portugal Norway Spain United Kingdom

16 Australia Centralized authority with National Ministry of Environment, but takes a decentralized approach to administration, processing and monitoring of access permits. Great Barrier Reef Marine Park Authority (GBRMPA), and the Australian Government Antarctic Division (AGAD) Simplified process for non-commercial access requiring written permission from each Access Provider to (a) enter the area, (b) take samples of biological resources, and (c) to remove these samples. Establishment of clear triggers to indicate commercial intent requiring a material transfer agreement and/or to initiate, refine, rework or establish new terms. What can be learned? Strong needs for institutional governance over biodiversity while incentivizing equitable access and use. The key is having a robust but simple process to bring about compliance while facilitating access. A simplified system for non-commercial access with clear triggers for commercial access incentives accounting/indexing of biodiversity and innovation.

17 India Policy Structure: Development of policy nationally, implemented at the state and local levels. Biodiversity Management Committees (BMCs) are local bodies empowered to document biodiversity including preservation practices, cultivation and breeding, and chronicling related knowledge in collaboration with State and National bodies. Seven members are nominated, with not less than one third of members being women, and not less than 18% being members of the Scheduled Castes/Scheduled Tribes, and State rules incorporating experts such as herbalists, agriculturalists, and academics. People s Biodiversity Registers (PBRs) developed locally, support a National system of comprehensive information on availability and associated knowledge biodiversity. What can be learned? Simplified process for non-commercial access through collaborative research projects with government sponsored or approved institutions. Development of local bodies can facilitate the preservation/protection of biodiversity, cultural practices and TK and streamline access. Incorporation of specialist skills on BMC helps to provide technical expertise as well as a diversity of perspectives. Goal: Conservation for Sustainable Use

18 Malaysia Requires PIC of relevant ILCs for non-commercial access to GR and/or TK, and mandates that research undertakings be done in collaboration with public institutes of higher learning and research. Advisory Body under the CNA, is to be comprised of representatives of ILCs to provide guidance on issues pertaining to ILCs. Sabah Biodiversity Council is an inter-ministerial body comprised of representatives from various impacted ministries and civil society. Sabah Biodiversity Centre is put in place to manage and maintain the use of biodiversity, identify and collaborate on research, and establish linkages with other bodies, including ILCs and stakeholders, to enhance the preservation and utilization of biodiversity. What can be learned? Designated organization designated for capacity building, stakeholder engagement and empower ILCs. Reciprocal Assurances: Mandates that any access of genetic resources from a jurisdiction which requires a permit for access must be accompanied by that permit or its equivalent showing access was done legally.

19 European Union Recently adopted Regulation which establishes an implementing framework for Nagoya Protocol which enhances available opportunities for research and channels benefits from utilization to poverty eradication. User Measures: Due Diligence is to be exercised to determine that genetic resources and traditional knowledge, which are being used, were accessed in accordance with domestic benefit-sharing legislation or regulations and that benefits are being equitably dispersed base on mutually agreed terms. Checkpoints: establish effective and proportionate checkpoints to verify compliance with domestic disclosure requirements and dissuade noncompliance. What can be learned? Monitoring User Compliance: recipients of research funding which involves the use of GR/TK must declare that due diligence was exercised in regards to access, and that the resources were obtained in legally. If not before during the final stages of development. Trusted Collections: A register of trusted collections is created with a set of criteria for membership. Access form a Trusted Collection is deemed to be in compliance with the due diligence requirement.

20 African Union The African Union has initiated a process to develop guidelines for the coordinated implementation of the Nagoya Protocol in Africa tentatively titled African Union Policy Framework for the Coordinated Implementation of the Nagoya Protocol on ABS At this time, it consists of a Preamble, Policy Guidance for Coordination, and Policy Guidelines. Key elements include the consistent use of terms; a coordinated approach to awareness raising and information sharing; a coordinated approach to access for utilization; a coordinated approach to benefit sharing; a coordinated approach to monitoring and compliance; a coordinated approach to supporting community and farmers rights, economic development, capacity building, technology transfer, sustainable use and conservation. Additional Aspects The strategic principles of the Framework aim to ensure that a coordinated implementation of the Nagoya Protocol produces positive socio-economic, development and biodiversity conservation outcomes in Africa Principles include national and local implementation; increased legal certainty; learning-by-doing; flexible and responsive implementation; regulatory focus on utilization; encouragement of utilization for discovery in the permitting process under standard MAT; support to ILC; effective monitoring and compliance.

21 Analysis of Post-Nagoya Measures Our preliminary conclusions are that there are few post-nagoya measures enacted, mostly of them in draft form and prepared by developed countries (EU, Switzerland, Denmark). They focus is the drafting of user measures. The few post-nagoya measures in place (Nicaragua, Ecuador, Cuban patent and plant variety law amended) not incorporate the legal provisions to comply with the Nagoya Protocol. Despite the fact the several countries have ratified the Protocol, some of them are still in the process of determining how to make the Protocol provisions operational. After the research carried out, it was not possible to identify a comprehensive draft prepared to be in full compliance with the NP.

22 Conclusions Challenges Defining Ownership Ownership of genetic resources will have to be fleshed out in order to meet the Protocol s obligations related to genetic resources owned by indigenous and local communities. Understanding the term utilisation the Protocol does not clarify which uses fall under its scope nor does it provide a an operational definition of the term derivative. Dealing with special considerations In relation to access and utilisation of all the genetic resources for food and agriculture, very few countries provide specific procedures or have created different conditions. Not all countries in differentiate between commercial and non-commercial research and when they do, determining whether an application is for basic research or for commercial purposes has proven difficult. Making Prior informed Consent Operational Making PIC functional will continue to remain a difficulty for many countries. Drafting and implementing compliance measures Few of the national ABS measures in this study contain clear compliance-related provisions The Protocol leaves a great degree of latitude to parties as to the types of measures they may adopt, and it will be incumbent on countries to put in place adequate compliance mechanisms within their national ABS frameworks.

23 Conclusions Opportunities Empowering National Authorities Provides the basis for strengthening national competent authorities and using information technologies relevant for the notification of the permit/internationally recognized certificate New opportunities for strengthening research and development on genetic and biochemical resources in the countries of the region Added Clarity The need to clarify the subject-matter scope of national ABS frameworks, including the definitions of utilisation and derivatives may have a positive impact on legal certainty leading to a more coherent and homogenous interpretation and implementation of ABS measures by national authorities. Research Focus The need to appropriately address non-commercial research in national ABS frameworks should take into account the fact that most of the ABS permits/contracts in some countries are for basic research and mostly concern nationals. Participation of ILCs Countries can also benefit from the growing jurisprudence regarding the indigenous peoples human rights, especially in relation to the rights over their lands and territories and the right to participate in any decision-making affecting them

24 Launch of the Biodiversity Legislation Study: A review of 8 Countries Visionary biodiversity laws Sharing national experiences Informing global legislators

25 Rationale and Methodology Rationale COP 10 saw the adoption of the GLOBE Nagoya Declaration on Parliamentarians and Biodiversity which expresses deep concern over biodiversity loss. Identifies synergies between the Strategic Plan and GLOBE initiatives, including increasing political awareness of the value of biodiversity. At Rio+20, legislators from 85 countries convened from June 2012 at the first GLOBE World Summit of Legislators (WSL) where they adopted the Rio+20 Legislators' Protocol. Recognizes the role of legislators in developing, passing and overseeing the implementation of national legislation, scrutinizing the performance, and raising the level of ambition of governments. Legislators now need guidance on developing biodiversity laws in this context. Methodology CISDL undertook a more in-depth look at laws from eight jurisdictions: Costa Rica, EU India, Japan, Objectives Principles Institutional Arrangements Legal and Policy Instruments Norway, South Africa South Korea Vietnam Analyzed key aspects of each law to identify visionary practices: Sanctions and Penalties Monitoring and Review Funding

26 Costa Rica Ley de Biodiversidad (No.7788) of 1998 BL creates a legal framework in line with the principles and themes outlined in the CBD and aims to respond to this goal in an integrated and interrelated manner. Broad objectives aimed at conservation and the sustainable use of biological resources and equitable distribution of the benefits. Preventive criterion, Precautionary criterion, Criterion of environmental public interest, Criterion of integration. Establishes an administrative body within the Ministry of Environment and Energy (MINAE) to oversee both the National System of Conservation Areas (SINAC) and National Biodiversity Administration Committee (CONAGEBIO). Covers: PES, ABS, EIA, Education and public awareness, and capacity building. What can be learned? Comprehensive approach to implementing the CBD. Equity, protection or rights of indigenous peoples and local communities and participation in the decision making process. Incentives and technology transfer provision are incorporated. Guiding principles and objectives including the precautionary approach, conservation, and sustainable use. Strong institutional development.

27 European Union Habitats Directive: Natura 2000 Habitats Directive concern the process of designating Special Areas of Conservation (SAC s), conservation measures on the designated sites as well as surveillance and monitoring instruments. Member States are to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated. Encourages the management of features of the landscape which are of major importance for wild fauna and flora. Projects shall only be carried out on such an area if there is no significant negative effect or if there is no alternative solution, or for imperative reasons of overriding public interest, including those of a social or economic nature. What can be learned? Successful: more than sites and covering about 17.5% of the EU. Opportunities for providing NGO input into Natura 2000: Nominating sites, campaigning for corridors, evaluating site delineation,, monitoring progress, and improving management plans among others. A series of seminars, organized by biogeographical regions have been held to discuss management of Natura 2000 sites. Existing EU co-financing framework is considered inadequate.

28 India Biological Diversity Act of 2002 Focus of this Act is to regulate access to biological resources and TK so as to ensure equitable sharing of benefits arising out of their use. Policy Structure: Development of policy nationally, implemented at the state and local levels. Local Biodiversity Fund may receive funds by way of grant or loan from multiple sources or through fees received by the Biodiversity Management Committee with funds to be used towards conservation and sustainable use of biodiversity in the region. Contravening acts are punishable by five years imprisonment and a fine. Acts of corporations bring Joint and several liability. Monitoring strategies are developed nationally, with State bodies empowered to initiate immediate ameliorative measures when biodiversity is being used in an unsustainable manner. What can be learned? Biodiversity Management Committees (BMC): local multi-stakeholder bodies empowered to document biodiversity, including preservation practices. Includes women, ILCs, technical skills (herbalists, agriculturist etc) People s Biodiversity Registers (PBRs) developed locally, support a National system of comprehensive information on availability and associated knowledge biodiversity. Further clarification is needed on the complementarity/synergistic application of the BD Act and other legislation.

29 Japan Basic Act on Biodiversity (Act No. 91 of 1993) National formulation of an NBS, in consultation with civil society, which includes basic principles and targets; comprehensive policies to be implemented by the government; as well as all other necessary matters for the promotion of the conservation and sustainable use of biodiversity. Prefectures and municipalities are encouraged to formulate regional biodiversity strategies to respond to the unique environmental conditions of each localized ecosystem. By reviewing the NBS iteratively and consistently working to incorporate successful practices from the prefectural/municipal levels into the national strategy, Japan has set in place an effective, highly participatory, and continually refined strategic environmental planning framework. What can be learned? Public participation: broad approach to stakeholder engagement including explicit outline of responsibilities of civil society sectors. Leverages the pre-existing Central Environmental Council as a conduit for stakeholder communication, debate and consultation Annual progress reporting & refinement. Including the incorporation of quarterly review cycles. Mainstreams biodiversity into all other policies, adopting a primarily preventive approach and long-term viewpoint.

30 Norway Nature Diversity Act (2009) to protect biological, geological and landscape diversity and ecological processes through conservation and sustainable use, and in such a way that the environment provides a basis for human activity, culture, health and well-being, now and in the future, including a basis for Sami culture. Decision making to be based on: scientific and traditional knowledge, precautionary principle, ecosystem approach, users pay principle, environmentally sound techniques and methods of operation, quality norms for biodiversity, and other important public interests including those of the indigenous (Sami) community. Charges for willful, negligent and gross contravention of the act, punishable by fines and/or imprisonment. Effective user measures help to build trust in the development ofabs in foreign jurisdictions. What can be learned? Competent authority may require the immediate cessation of activates deemed contrary the purpose of the Act, with a coercive fine for failure. Public consultations are announced for planned proposals which are also circulated for comment with authorities at the municipal, county and national level, as well as with the Saami Parliament. Explicit recognition of genetic material as a common resource invites an approach to regulation and enforcement that enhances equity and human security.

31 South Africa National Environmental Management Biodiversity Act 2004 First South African NBSAP (2005) developed through extensive stakeholder consultation, formalized in 2008 National Biodiversity Framework (NBF) and establishes priority actions to guide the biodiversity sector and is reviewed every five years. NBF provides for an integrated, coordinated and uniform approach to biodiversity management by organs of state in all spheres of government, NGOs, the private sector, local communities, and other stakeholders and the public. Focuses on ecosystem and species conservation to ensure efficiency and adaptation to climate change by identifying critical biodiversity areas which yield catchments for climate change. Establishes an ABS regime facilitating equitable access to domestic genetic resources and TK. Need to work on established systematic implementation with appropriate resources. What can be learned? By nesting biodiversity within the broader environmental legal framework, a greater degree of certainty can be established in the relationship between overlapping laws and policies. Consultations are to be published in both national and local newspapers of the impacted region allowing 30 days for written submissions. NBSAP provides a comprehensive longterm strategy, including fifteen-year targets. Provincial conservation authorities and municipalities lack skills and resources to tackle biodiversity management.

32 South Korea Natural Environment Conservation Act (Amended 2008) Seeks sustainable utilization of nature and to empower people to lead a healthy life in harmony with the natural environment through systematic conservation. State and local governments are to bear the responsibility of governance and administration of conservation efforts in accordance with the core principles of conservation and sustainability. Basic Policy for Conservation of the Natural Environment is to be developed nationally. Core contents: Current state, targets, strategic plan, restoration efforts, project costs, and duties to promote conservation. All local and/or regional policies or plans are to be developed to support the Basic Plan. Central Environmental Preservation Advisory Committee acts a consultative body with heads of relevant agencies. What can be learned? Ecological and environmental maps are to be designed to inform development, through the categorization of land. Fee: Operators of projects which have a significant impact on the environment shall have a fee levied against them by way of Cooperation Charge on the Conservation of Ecosystems. National priority which requires local actualization. Public awareness of biodiversity conservation must be generated to ensure local communities recognize the value of species protection.

33 Vietnam Biodiversity Law (No. 20/2008) This Law provides for the biodiversity conservation and sustainable development; rights and obligations of organizations, households and individuals in the biodiversity conservation and sustainable development. Establishes the National Master Plan on Biodiversity Conservation with: goals, evaluation of socioeconomic conditions, current state, ecological metrics, areas of conservation, needs, strategic assessment of projects, and implementation plan. Sets in place a Payment for Ecosystem Services (PES) platform for all natural ecosystems, and a multi-tier system of categories for conservation areas. Survey of Natural Ecosystems feed into the master planning process and Biodiversity Reports are used to inform decision-making and strategic planning. What can be learned? Master Plan on biodiversity provides a coordinated approach to conservation efforts harmonized at the national level and implemented concurrently at the state and local levels. Funds for biodiversity conservation are derived from multiple locations and are to be used for research, restoration, conservation efforts, control of alien invasive species, status reports, inventory/lists of species, and capacity building. Recent Decree clarifies the breakdown of competences between Ministries.

34 Lessons Learned Sustainable Use of Natural Resources Does the law/policy help to ensure that natural resources will be used in a more sustainable way? Does it help to address a common concern of humankind and/or aim to promote respect for biodiversity and TK which are the common heritage of humankind? Equity and Poverty Eradication Does the law/policy help to address pressing poverty and human rights challenges? Does it demonstrate inter-generational including the needs of present and future generations? Precautionary Approach to Health, Natural Resources and Ecosystems Does the law/policy promote prevention and precaution in the face of scientific uncertainty about a threat of serious or irreversible harm? Where there is insufficient scientific evidence, does it ensure that those most affected by a project can set the acceptable level of risk or threat? Public Participation, Access to Information and Justice Does the law/policy provide for public consultation and genuine engagement? Does it specifically provide for transparency and access to information for concerned citizens, local communities, and others who might be affected? Does it provide avenues for appeal and redress for citizens, communities and others?

35 Lessons Learned (cont) Good Governance and Human Security Does the law/policy establish adequate institutions to ensure transparent, prompt, effective and fair implementation of its provisions? Does it promote peaceful resolution of conflict, and help to ensure that human beings are able to live in freedom from fear, and freedom from want? Does the law/policy include provisions to ensure that its intentions are not thwarted by corruption, bribery or unethical conduct, and provide appropriate penalties for abuse of rights or violations? Integration and Interrelationship Does the law/policy integrate social justice and environmental protection into economic development plans and projects? Does it ensure that development decision-making takes environmental and social impacts into account, providing for mitigation, modification or cancellation if necessary? Does it provide or enhance benefits for the environment, and the society? Common but differentiated responsibilities Does the law/policy take into account historical and other inequalities, including who has benefited from past activities and policies, when imposing obligations, and provide avenues for redress? Is the law/policy appropriate and well-adapted to the society or region s present level of technology, scientific knowledge, human/financial resources, cultural values and traditions? Does the law/policy avoid placing inappropriate burdens on vulnerable groups?

36 Conclusions All countries should engaged in reversing the loss of biodiversity by adopting ambitious legal and policy measures that effectively safeguard the environment, respect human rights, and embody the highest standards of sustainability. Fundamentals Assessment of biodiversity, including identifying impacts on biodiversity and ecosystems, drivers of biodiversity loss and possibilities for halting loss of biodiversity. Establishing clear goals in advance to inform and inspire the provisions of laws and policies on biodiversity, thus providing guidance for the selection and drafting of instruments and mechanisms. Ensuring that all relevant stakeholders are involved, including those from key government ministries, civil society and indigenous and local communities. Identifying policy areas and laws that negatively affect biodiversity. Identifying existing international obligations, including relevant COP decisions, as well as existing laws and policies on biodiversity. Undertaking a legal analysis of issues in light of the existing legal framework. Establish tools to ensure implementation, monitoring and revision of the law when necessary.

37 Questions and Thank You Partner Organizations Centre for International Sustainable Development Law The CISDL is an independent legal research centre that collaborates with the McGill University Faculty of Law and also works with a network of developing countries faculties of law to promote sustainable societies and the protection of ecosystems by advancing the understanding, development and implementation of international sustainable development law. Materials available at: