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The Biodiversity Conference of the Parties (COP) 16 took place in Cali, Colombia, between October 21 and 1 November, 2024. Although Biodiversity COPs often garner less media coverage compared to their Climate Change counterparts, they play a crucial role in facilitating international consensus on a ‘nature positive’ future. For a more detailed look at why biodiversity is critically important for business, see our previous blog post here.
Many delegates left the conference in Cali frustrated that more had not been accomplished. Negotiations over contentious issues overran, leading to the conference ending abruptly for lack of time, which left key issues unresolved. Now that the conference has concluded and the dust has settled, we can assess the successes and shortcomings of COP16.
Every two years, parties to the Convention on Biological Diversity (CBD) meet to discuss global progress against biodiversity goals and decide on future action. COP15, held in Montreal in Montreal in 2022 (see our previous post here), drew significant attention to biodiversity through the adoption of the Kunming-Montreal Global Biodiversity Framework (GBF). This ambitious agreement was dubbed the Paris Agreement for Biodiversity. The GBF’s objective is to stop and reverse biodiversity loss by 2030 and facilitate nature’s recovery by 2050.
COP16 was expected to be an 'implementation' COP, focusing on turning the goals and key targets for action set out in the GBF into substantive law and commitments. See our previous COP16 blog post for an overview of the key agenda items.
However, challenges started to arise even before negotiations began, as many nations (including the UK) failed to submit national biodiversity strategies and action plans (NBSAPs), despite having agreed to do so in advance of the conference. In this blog, we take a look at the key successes and failures:
(1) DSI: Global Levy on products made using genetic data from natural ecosystems The key achievement of this COP has been the creation of a global levy for 'digital sequence information' (DSI). DSI is genetic information that comes from wild animals, plants, and microorganisms. It is used frequently in research and development in the life sciences sector, underpinning the pharmaceutical, biotech, and cosmetics industries. Currently, nations that are parties to the CBD can charge researchers for their access to physical samples of genetic information from nature (under the Nagoya Protocol, which was agreed at Biodiversity COP10 in 2010). In contrast, genetic information in digital form is completely unregulated, and researchers can access DSI for free on global databases. It is for this reason that DSI has been seen as a 'loophole' that needs to be closed. An agreement was reached at COP16 to regulate DSI by way of a global levy. The agreement will encourage highly profitable businesses to voluntarily contribute 1% of their profits or 0.1% of their revenue to the 'Cali Fund' if they use DSI. The Fund will be used to support the further use of DSI, the conservation and sustainable use of nature, and indigenous peoples and local communities. Environmental groups have expressed the hope that the introduction of a DSI levy could generate $20 billion. However, more moderate estimates expect the sum to be in the low billons. |
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(2) Historic inclusion of Indigenous peoples into the Convention on Biological Diversity (CBD) Prior to COP16, there was much discussion about the critical role that indigenous peoples play in protecting biodiversity. Although Indigenous peoples constitute just 5% of the global population, they are reported to manage or hold tenure over 25% of the world’s land and support 80% of global biodiversity. This role is enshrined in the CBD: under Article 8(j) parties have pledged to respect, preserve and maintain the knowledge, innovations and practices of indigenous people and local communities relevant for the conversation of biodiversity. At COP16, the historic decision was taken to establish a Permanent Subsidiary Body for Article 8(j) and a new program of work. This means that indigenous people will be able to participate in the decision-making process at the Biodiversity COPs for the first time. The structure and operational details of this body will be addressed on the road to COP17. |
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(3) No progress made on implementing the GBF It was hoped that COP16 would see the establishment of a monitoring framework to assess progress towards biodiversity goals, for example, the target to protect 30% of land and water by 2030. A monitoring framework is seen as critical to the success of GBF as the failure of a previous set of biodiversity goals (the Aichi targets) has been widely blamed on a lack of implementation by state parties. However, the parties could not reach an agreement on a suitable monitoring framework for the GBF before the conference concluded. |
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(4) No consensus on financing the Global Biodiversity Framework Fund (GBFF) As part of the GBF, countries committed to collectively mobilizing $200 billion annually to conserve biodiversity. The long-term goal should be for states to spend $700 billion a year. Of this, developed countries are expected to "substantially and progressively increase" their contributions "to at least $20bn per year by 2025, and to at least $30bn per year by 2030". However, prior to COP16, only $250 million had been contributed by seven developed countries. During COP16, eight further countries – including the UK, France, New Zealand – pledged an additional $163 million. This leaves the total at $396 million, far short of the $200 billion target. Unfortunately, no consensus was reached on how to remedy the GBF's funding challenges, and no resource mobilization strategy was agreed. Similarly, as the convention ended early, there was no time to approve the Convention on Biological Diversity budget for the next two years. |
COP16 made progress but fell short of the ambitious outcomes many had hoped for, leaving key issues unresolved. As we look to COP17 in 2026 in Armenia, there's a strong need to address these gaps, particularly in biodiversity financing and progress monitoring. Given the more infrequent scheduling of biodiversity COPs as compared to climate COPs (every two years rather than yearly), the hope is now that progress will be made outside of the COP process, in particular in initiatives involving the private sector.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2024
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