A BRIEF INTRODUCTION TO THE CONVENTION ON BIOLOGICAL DIVERSITY (CBD)

Summary:
The Convention on Biological Diversity was negotiated under the auspices of the United Nations
Environment Programme (UNEP). It was opened for signature at the June 1992 UN Conference
on Environment and Development (UNCED) and entered into force on 29 December 1993,
ninety days after the 30th ratification. As of October 1998, more than 170 countries had
become Parties (pdf file). The three goals of the CBD are to promote the conservation of
biodiversity, the sustainable use of its components, and the fair and equitable sharing of benefits
arising out of the utilization of genetic resources. The CBD Secretariat is located in Montral,
Canada. The Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA),
which advises the Conference of the Parties (COP), meets several months prior to each COP.
Negotiations on the first protocol to the Convention, conducted by the Ad Hoc Working Group
on Biosafety (BSWG), concluded in January 2000.
The Earth Negotiations Bulletin has covered each COP, SBSTTA and BSWG session plus two
sessions prior to the CBD's entry into force and an intersessional workshop. ENB coverage of
biodiversity issues also includes several sessions of the Commission on Plant Genetic Resources
for Food and Agriculture, which meets under FAO auspices (see the ENB CBD Archives for all
biodiversity coverage; see also theLinkages Homepage on Genetic Resources). The following
discussion focuses on decisions taken by the CBD COP, SBSTTA and the BSWG.

The CBD Conference of the Parties (COP):

The first meeting of the COP took place in Nassau, the Bahamas from 28 November - 9
December 1994. Key decisions taken by COP-1included: adoption of the medium-term work
programme; designation of the Permanent Secretariat; establishment of the Clearing House
Mechanism (CHM) and the SBSTTA; and designation of the Global Environment Facility (GEF)
as the interim institutional structure for the financial mechanism.
The second session of the COP met in Jakarta, Indonesia from 6-17 November 1995. Decisions
taken by COP-2 included: designation of the permanent location of the Secretariat in Montral,
Canada; agreement to develop a protocol on biosafety; operation of the CHM; designation of the
GEF as the continuing interim institutional structure for the financial mechanism; consideration
of its first substantive issue, marine and coastal biodiversity; and agreement to address forests
and biodiversity, including the development of a statement from the CBD to
theIntergovernmental Panel on Forests (IPF) of the Commission on Sustainable Development.
COP-2 also addressed the issue of Plant Genetic Resources for Food and Agriculture (PGRFA),

adopting a statement for input to the FAOs Fourth International Technical Conference on
PGRFA(ITCPGR-4).
COP-3 met in Buenos Aires, Argentina, from 4-15 November 1996. Delegates' decisions
included: a work programme on agricultural biodiversity and a more limited one on forest
biodiversity; agreement to hold an intersessional workshop on traditional knowledge (Article
8(j)); application by the Executive Secretary for observer status to the World Trade Organization
(WTO) Committee on Trade and the Environment; and a statement from the CBD to the Special
Session of the UN General Assembly (UNGASS) to review implementation of Agenda 21.
COP-4 took place from 4-15 May 1998 in Bratislava, Slovakia. Delegates addressed, inter alia:
inland water, marine and coastal, agricultural and forest biodiversity; the clearing-house
mechanism; biosafety; implementation of Article 8(j) (traditional and indigenous knowledge);
access and benefit sharing; a review of the operations of the Convention; and national reports.
Delegates also conducted a review of the financial mechanism.
COP-5 is scheduled to take place from 15-26 May 2000 in Nairobi, Kenya.
The Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA):
Article 25 of the CBD establishes a Subsidiary Body on Scientific, Technical and Technological
Advice to provide the COP with "timely advice" relating to implementation of the Convention.
The first session of the SBSTTA took place from 4-8 September 1995 in Paris, France.
Recommendations on the modus operandi of the SBSTTA affirmed its subsidiary role to the COP
and requested flexibility to create: two open-ended working groups to meet simultaneously
during future SBSTTA meetings; Ad Hoc Technical Panels of Experts as needed; and a roster of
experts. On the conservation and sustainable use of coastal and marine biological diversity,
SBSTTA-1 identified three priorities: sustainable use of living coastal and marine resources;
mariculture; and control of alien organisms.
The second session of SBSTTA took place from 2-6 September 1996 in Montral, Canada. The
agenda included issues such as the monitoring and assessment of biodiversity, practical
approaches to taxonomy, economic valuation of biodiversity, access to genetic resources,
agricultural biodiversity, terrestrial biodiversity, marine and coastal biodiversity, biosafety and
the CHM.
The third session of SBSTTA met in Montral, Canada, from 1-5 September 1997. Delegates
produced recommendations on biodiversity in inland water ecosystems, marine and coastal
biodiversity, agricultural biodiversity, forest biodiversity, and biodiversity indicators.

The fourth session of SBSTTA met in Montral, Canada, from 21-25 June 1999. The first
Intersessional meeting on the Operations of the Convention (ISOC) convened in Montral from
28-30 June 1999. ENB coverage
SBSTTA-4 delegates met in two working groups. The first considered developing a work
programme on dryland ecosystems, principles for the prevention of impacts of alien species, and
further advancement of the Global Taxonomy Initiative. Working Group II discussed: new plant
technology for the control of plant gene expression; sustainable use of biological resources,
including tourism; and incorporation of biological diversity considerations into environmental
impact assessments. Delegates also discussed the SBSTTA work programme, cooperation with
other bodies and progress on thematic areas. They considered the terms of reference of ad hoc
technical expert groups, but deferred making a decision to SBSTTA-5.
ISOC was convened based on COP-4 Decision IV/16, which called for an open-ended meeting to
consider possible arrangements to improve preparations for and conduct of the meetings of the
Conference of the Parties (COP). ISOC also held preparatory discussions on the COP-5 agenda
item on access to genetic resources and benefit sharing, focusing on the upcoming Experts Panel
on Access and Benefit Sharing, which will meet in October 1999 in Costa Rica, ex situ
collections that were acquired prior to the Convention's entry into force and the relationship
between intellectual property rights and the relevant provisions of the Agreement on TradeRelated Aspects of Intellectual Property Rights and the CBD.
The fifth session of SBSTTA met in Montral, Canada from 31 January - 4 February, 2000. Over
430 participants, representing 130 governments, NGOs, the scientific community and indigenous
peoples' organizations, attended the meeting.
SBSTTA-5 delegates met in two Working Groups. Working Group 1 considered: alien species;
marine and coastal biological diversity, including coral bleaching; the programme of work for
drylands, Mediterranean, arid, semi-arid, grassland and savannah biological diversity; and
agricultural biological diversity. Working Group 2 discussed the ecosystem approach,
development of biodiversity indicators, and sustainable use of the components of biological
diversity. The Plenary reviewed cooperation with other bodies, the Global Taxonomy Initiative,
the pilot phase of the Clearing-House Mechanism, guidelines for the second national reports,
work programmes on inland waters and forest biological diversity, and rosters and terms of
reference for ad hoc technical expert groups. The recommendations from SBSTTA-5 will be
forwarded to the fifth Conference of the Parties (COP-5) to be held in Nairobi, Kenya, from 1526 May 2000.
Biosafety Protocol:

Since the early 1970s, modern biotechnology has enabled scientists to genetically and
biochemically modify plants, animals and micro-organisms to create living modified organisms
(LMOs). Many countries with biotechnology industries already have domestic legislation in
place intended to ensure the safe transfer, handling, use and disposal of LMOs and their
products. These precautionary practices are collectively known as "biosafety." However, there
are no binding international agreements addressing situations where LMOs cross national
borders. Article 19 of the CBD provides for Parties to consider the need for and modalities of a
protocol on biosafety.
At COP-2, delegates established an Open-ended Ad Hoc Working Group on Biosafety (BSWG),
which held its first meeting in Aarhus, Denmark, from 22-26 July 1996. Governments listed
elements for a future protocol and outlined the information required to guide their future work.
Four subsequent BSWG meetings, all held in Montral, Canada, continued to identify and
narrow the elements to be included in the protocol. Discussion ranged from: the protocol's scope,
including which LMOs and "products thereof" would be covered; which LMOs would be subject
to Advanced Informed Agreement and what that procedure would entail; whether there would be
a clearing-house; who would conduct risk assessments and/or how risks would be managed;
whether action would be based on the precautionary principle, scientific knowledge and/or some
other criteria; and whether there would be liability and compensation/redress provisions.
Additional issues on the table addressed capacity building, unintentional transboundary
movement, handling, transportation, packaging and transit requirements, and monitoring and
compliance. Most of the text remained bracketed going into the final week of negotiations in
Cartegena, Colombia.
The sixth session of the Open-ended Ad Hoc Working Group on Biosafety (BSWG-6) was held
from Sunday, 14 February, to Monday morning, 22 February 1999, in Cartagena de Indias,
Colombia. The first Extraordinary Meeting of the Conference of the Parties (ExCOP) to the CBD
was held from 22-23 February 1999. Over 600 participants representing 138 governments,
business and environmental NGOs and the scientific community, attempted to finalize a protocol
on biosafety during the BSWG for adoption by the ExCOP. Despite ten days of non-stop debate,
including weekend, late night and early morning sessions, delegates were not able to agree on a
protocol. The main areas of contention centered on trade issues, treatment of commodities and
domestic vs. international regulatory regimes. Instead the ExCOP adopted a decision to suspend
the meeting and request the ExCOP President and the COP-4 Bureau to decide when and where
the session would resume, no later than the fifth meeting of the Conference of the Parties.
Delegates also decided that the Protocol will be called the Cartagena Protocol on Biosafety to the
Convention on Biological Diversity. The text of the draft Protocol, set out in Appendix I to
the Report of BSWG-6, as well as the statements by governments with respect to the text of the
draft Protocol contained in that report, will be transmitted to the resumed ExCOP session for
further debate.

The Informal Consultations regarding the Resumed Session of the Extraordinary Meeting Of The
Conference of the Parties (ExCOP) for the Adoption of the Protocol on Biosafety to the
Convention on Biological Diversity met in Vienna, Austria, from Wednesday, 15 September to
Sunday, 19 September 1999. Approximately 300 representatives from over 115 governments and
70 representatives from intergovernmental, nongovernmental and industry organizations
attended. The first two days of the meeting were devoted to consultations within negotiating
groups; the third day was for informal exchanges between groups; and the final two days were
devoted to resolving differences between groups on pending core issues. During the final two
days of discussions, negotiating groups addressed the issues of commodities, the protocols
relationship with other international agreements, the protocols scope and application of the
advance informed agreement procedure. Negotiating groups agreed on a basic set of concepts for
commodities and relations with other international agreements, while acknowledging that the
central differences on those and other issues remain. (Note: ENB's briefing note covers only the
final two days of consultations.)
The Resumed Session of the Extraordinary Meeting of the Conference of the Parties
(ExCOP) for the Adoption of the Protocol on Biosafety to the Convention on Biological
Diversity was held from 24-28 January 2000, in Montral, Canada. Over 750 participants,
representing 133 governments, NGOs, industry organizations and the scientific community,
attended the meeting. Following nine days of negotiations, including late evening and early
morning sessions, delegates adopted the Cartagena Protocol on Biosafety in the early morning
hours of 29 January 2000.
The Cartagena Protocol addresses the safe transfer, handling and use of living modified
organisms (LMOs) that may have an adverse effect on biodiversity with a specific focus on
transboundary movements. The Protocol establishes an advance informed agreement (AIA)
procedure for imports of LMOs, incorporates the precautionary principle and details information
and documentation requirements. The Protocol also contains provisions regarding
documentation, confidential information and information-sharing, capacity-building, and
financial resources, with special attention to the situation of developing countries and those
without domestic regulatory systems.
Convention on the rights of persons with disabilities

Article 1: Purpose
The purpose of the Convention is to promote, protect and ensure the full enjoyment of all
human rights and fundamental freedoms by all persons with disabilities.People with
disabilities include those who have long-term physical, mental, intellectual or sensory

impairments which, in interaction with various barriers, may hinder their full and effective
participation in society on an equal basis with others.
Article 2: Definitions
This article defines some of the key terms used in the Convention including
communication; language; discrimination on the basis of disability; reasonable
accommodation and universal design.
Article 3: General principles
The Convention is based on the principles of respect for dignity; non-discrimination;
participation and inclusion; respect for difference; equality of opportunity; accessibility;
equality between men and women; and respect for children.
Article 4: General obligations
Countries must take a range of measures, with the active involvement of people with
disabilities, to ensure and promote the full realization of all human rights and fundamental
freedoms for all persons with disabilities without discrimination of any kind.
Article 5: Equality and non-discrimination
Everyone is equal before and under the law. Everyone is entitled to the equal protection and
benefit of the law without discrimination.
Article 6: Women with disabilities
Women and girls with disabilities experience multiple discrimination. Countries must take all
appropriate measures to ensure that women with disabilities are able to fully enjoy the rights
and freedoms set out in the Convention.
Article 7: Children with disabilities
Children with disabilities have the same human rights as all other children. The best interests
of the child must be a primary consideration in all actions concerning children with
disabilities. Children with disabilities have the right to express their views on all matters
affecting them
Article 8: Awareness-raising

Countries must raise awareness of the rights, capabilities and contributions of people with
disabilities. Countries must challenge stereotypes and prejudices relating to people with
disabilities through campaigning, education, media and awareness-raising programmes.
Article 9: Accessibility
People with disabilities have the right to access all aspects of society on an equal basis with
others including the physical environment, transportation, information and communications,
and other facilities and services provided to the public.
Article 10: Right to life
People with disabilities have the right to life. Countries must take all necessary measures to
ensure that people with disabilities are able to effectively enjoy this right on an equal basis
with others.
Article 11: Situations of risk and humanitarian emergencies
Countries must take all necessary measures to ensure the protection and safety of all persons
with disabilities in situations of risk, including armed conflict, humanitarian emergencies and
natural disasters.
Article 12: Equal recognition before the law
People with disabilities have the right to recognition as persons before the law. People with
disabilities have legal capacity on an equal basis with others in all aspects of life.Countries
must take appropriate measures to provide support to people with disabilities so that they can
effectively exercise their legal capacity.
Article 13: Access to justice
People with disabilities have the right to effective access to justice on an equal basis with
others, including through the provision of appropriate accommodations.
Article 14: Liberty and security of person
People with disabilities have the right to liberty and security of person on an equal basis with
others. Existence of disability alone cannot be used to justify deprivation of liberty.
Article 15: Freedom from torture or cruel, inhuman ordegrading treatment or
punishment

People with disabilities have the right to be free from torture and from cruel, inhuman or
degrading treatment or punishment. No one shall be subjected to medical or scientific
experimentation without his or her free consent.
Article 16: Freedom from exploitation, violence and abuse
People with disabilities have the right to be protected from all forms of exploitation, violence
and abuse, including their gender based aspects, within and outside the home.
Article 17: Protecting the integrity of the person
Every person with disabilities has a right to respect for his or her physical and mental
integrity on an equal basis with others.
Article 18: Liberty of movement and nationality
People with disabilities have the right to a nationality. Children with disabilities have the right
to a name and to know and be cared for by their parents.
Article 19: Living independently and being included in the community
People with disabilities have the right to live independently in the community. Countries must
ensure that people with disabilities have the opportunity to choose where they live and with
whom they live, and that they are provided with the support necessary to do this.
Article 20: Personal mobility
Countries must take effective and appropriate measures to ensure personal mobility for people
with disabilities in the manner and time of their choice, and at affordable cost. People with
disabilities also have the right to access quality mobility aids, assistive technologies and
forms of live assistance and intermediaries.
Article 21: Freedom of expression and opinion, and access to information
People with disabilities have the right to express themselves, including the freedom to give
and receive information and ideas through all forms of communication, including through
accessible formats and technologies, sign languages, Braille, augmentative and alternative
communication, mass media and all other accessible means of communication.
Article 22: Respect for privacy

People with disabilities have the right to privacy. Information about people with disabilities
including personal information and information about their health should be protected.
Article 23: Respect for home and the family
People with disabilities have the right to marry and to found a family. Countries must provide
effective and appropriate support to people with disabilities in bringing up children, and
provide alternative care to children with disabilities where the immediate family is unable to
care for them.
Article 24: Education
People with disabilities have a right to education without discrimination. Countries must
ensure that people with disabilities can access an inclusive, quality and free primary and
secondary education in their own community.Countries must also provide reasonable
accommodation and individualised support to maximise academic and social development.
Article 25: Health
People with disabilities have the right to the enjoyment of the highest attainable standard of
health without discrimination. Countries must take all appropriate measures, including
measures that are gender-sensitive, to ensure that people with disabilities have access to the
same range, quality and standard of health care that is available to everyone else,and which
are close to peoples own communities.
Article 26: Habilitation and rehabilitation
Countries must take effective and appropriate measures to enable people with disabilities to
develop, attain and maintain maximum ability, independence and participation through the
provision of habilitation and rehabilitation services and programmes.
Article 27: Work and employment
People with disabilities have the right to work, including the right to work in an environment
that is open, inclusive and accessible. Countries must take appropriate steps to promote
employment opportunities and career advancement for people with disabilities.
Article 28: Adequate standard of living and social protection
People with disabilities have the right to an adequate standard of living including food, water,
clothing and housing, and to effective social protection including poverty reduction and

public housing programmes.

Article 29: Participation in political and public life
People with disabilities have the right to participate in politics and in public affairs, as well as
to vote and to be elected.
Article 30: Participation in cultural life, recreation, leisure and sport
People with disabilities have the right to take part in cultural life on an equal basis with
others, including access to cultural materials, performances and services, and to recreational,
leisure and sporting activities.
Article 31: Statistics and data collection
Countries must collect information about people with disabilities, with the active involvement
of people with disabilities, so that they can better understand the barriers they experience and
make the Convention rights real.
Articles 32-50
Articles 32-50 explain how countries which are bound by the Convention must give it full
effect. They also explain the responsibility of countries to report to the United Nations
Committee on the Rights of Persons with Disabilities on how they are putting the Convention
into effect.