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The Convention on Biological Diversity (CBD) and REDD+ Dr Elisa Morgera University of Edinburgh School of Law [email protected] Links between biodiversity and climate change • Reciprocal interactions between biodiversity loss and climate change climate change is one of the five pressures directly driving biodiversity loss Climate change response measure can contribute to biodiversity conservation and sustainable use possible negative impacts of climate change response measures on biodiversity challenges g of biodiversity y loss and climate change g must be addressed with equal priority and in close coordination, if the most severe impacts of each are to be avoided CBD and climate change • No mention of “climate climate change” change in the CBD text • Since 2008 2008, climate change has effectively become a key cross-cutting component in the work of the CBD • CBD COP has systematically identified concrete t opportunities t iti to t inspire i i parties’ ti ’ initiatives at the national level, as well as i t international ti l cooperation ti CBD key concepts • Biological diversity as the “variability among living organisms” • Conservation & sustainable use – Customary use – Ecosystems y → Ecosystem y approach pp • Benefit-sharing • People-centred – Indigenous peoples and local communities → CBD Preamble: Affirming that the conservation of biological diversity is a common concern of humankind y and Biodiversity y ((TEEB)) study y → The Economics of Ecosystems http://teebweb.org/ – global economic benefits of biodiversity – growing costs of biodiversity loss and ecosystem degradation Relevant CBD provisions integrate biodiversity issues into climate change plans, programmes, and policies; undertake environmental impact assessments of adaptation and mitigation projects that are likely to have significant adverse effects on biodiversity; y; regulate climate-change-related processes and activities that have a significant adverse effect on biodiversity; avoid or minimize adverse impacts from the use of biological resources for adaptation or mitigation purposes; prevent the introduction of invasive alien species; bring about cooperation between national authorities and the private sector in ensuring p g the sustainable use of biodiversity y for adaptation or mitigation purposes; provide incentives Relevant CBD provisions (cont’d) Article 8(j) • respect and preserve the traditional knowledge and practices of indigenous and local communities when implementing mitigation and adaptation measures, • involving g those communities in climate-change-related g decision-making and • rewarding them for their intellectual contribution to mitigation p measures and adaptation Article 22(1) - Relationship with Other International Conventions The provisions of this Convention shall not affect the rights and obligations of any Contracting Party deriving from any existing international agreement, g , except p where the exercise of those rights and obligations would cause a serious damage or threat to biological diversity. CBD and REDD+ safeguards – why? • conversion of natural forests to plantations and other land uses of low biodiversity value and low resilience; • displacement of deforestation and forest degradation to areas of lower carbon value and high biodiversity value; • increased pressure on non-forest ecosystems with high biodiversity value & afforestation in areas of high biodiversity value; • loss of traditional territories and restriction of rights of indigenous and local communities (ILCs) to access to, use of and/or ownership of land and natural resources; • lack of tangible livelihood benefits to ILCs and lack of equitable benefit-sharing; • exclusion of ILCs from designing and implementation of policies and measures, and loss of their traditional knowledge Decision XI/19: Biodiversity safeguards • • • • • • • • • • ecosystem management activities prioritizing the use of native communities of species; converting only land of low biodiversity value or ecosystems largely composed of non-native species, and preferably degraded ecosystems; avoiding g invasive alien species; p preventing net reduction of carbon stocks in all organic carbon pools; strategically locating afforestation activities within the landscape to enhance connectivity and increase the provision of ecosystem services within forest areas; conserve soil biodiversity; strategic environmental assessments and environmental impact assessments that facilitate the consideration of all available climate change mitigation and adaptation options; developing ecosystem and species vulnerability assessments; incentives that take into consideration biodiversity and related social and cultural aspect • Land zoning and land-use planning taking into account the multiple functions of forests • national forest inventories providing valuable information relevant to biodiversity • applying the ecosystem approach to identify sites of high biodiversity value so as to prioritize their conservation • national experience in implementing the following CBD COP decisions: – programme of works on forest biodiversity and protected areas – Guidelines on biodiversity-inclusive impact assessment – ecosystem approach – Addis Ababa Principles and Guidelines for the Sustainable Use of Biodiversity – Akwé: Kon Guidelines on cultural, environmental and social impact assessments – Tkarihwaié:ri Code of Ethical Conduct Decision XI/19: ILCs’ safeguards • full and effective participation of ILCs in relevant policy-making and implementation processes at national and subnational levels • considering traditional knowledge y g tenure issues • clarifying • equitable distribution of benefits • shared responsibility of subnational and local levels, including ILCs • Conceptually useful – “no need to reinvent the wheel” on: • REDD+ and human rights • REDD+ and fragmentation of international environmental law • Legally g y “relevant”