cbd alliance

Dear all,

I have started a page on our website to catalouge Civil Society events at COP 9. Click here Check back in a couple weeks for more information.

And send me an email with your event.

- Jess 

A new, much smaller file of the "ECO - just after SBSTTA 13" has been uploaded here.

Jessica  

LIABILITY WITH CLIPPED WINGS CANNOT FLY

Statement at negotiations on an International Regime on Liability and Redress in the Context of the Biosafety Protocol 

Presented by Christine Von Weizsaecker

Civil society organisations say NO to the Co-Chairs Core Elements Paper

Representatives of civil society bear in mind the impacts of international regimes at the national and local levels. Will they help or will they harm? Bearing in mind biodiversity and people on the ground CSOs discussed the Co-Chair’s Core Elements Paper in conjunction with the proposals on the table in the Subworking Groups. The result of our analysis:
As it stands, the Core Elements Paper is counterproductive to liability and redress on the ground. Why?

From “Transparency” to “Divide and Rule Diplomacy”
The way in which negotiations have been managed during the past few days  - and  for all we know the past few months - have similarities with the “green room negotiations” of WTO. We need to return to a negotiating style that provides transparency and understanding for all party delegations on the full package they are agreeing on. This also will also public awareness and participation easier. Cartagena is not only the place that gave its name to our Protocol. It is also the place where, 9 years ago,  many, many countries refused to be pressured to agree to a chair’s text promoted on the basis of “take it or you will have nothing”. In our context it does not bode well for the willingness of donor parties to contribute to a meaningful supplementary COP-MOP mechanism (Piece C.2.b) if they even refuse to fund  additional meetings if  that should be needed. If this is shown to have to be the case Austria is called upon to offer another “Vienna Setting” and other donor parties should pay respect to the Protocol and its Article 27  by paying for further meetings.

From “international legally-binding instrument” to “legally-artistic piecemeal of Annexes stating the obvious mostly at the domestic level”
Piece A does not do more than state the obvious, i.e. that Parties to the Convention have to promote all three objectives to the Convention, including response and restoration. However, compensation and redress, central to any legally binding part of a real international liability regime,  are not even mentioned. The text is prestructured in a way that further elaboration of scope and standing can have no major impact and may be purely academic exercises.
The fault-based approach is an already established least common denominator. The Core Elements Paper (Piece B) adds nothing new there. It may, however, have a very destructive implicit political impact on those countries who have established or intend to establish strict liability rules in the context of LMOs. They  will be put under heavy national and international political pressure to lower this important standard. Victims are paying the price of damage, anyway. It takes decisive legislation to get to the polluter. Global trade is expanding. Therefore, victims at the lower end of the asymetrical balance of power and money need strict liability and the reversal of the burden of proof at the international level. Pieces B, C and D are dumped into annexes of unclear content and interrelationship. D only states the obvious on capacity-building in a Protocol that has an article on liability.

From “Cornerstone of the Protocol” to “Undefined References to Convention Language”
From the outset of the negotiations of the Biosafety Protocol civil society organisations wore buttons stating: No Liability, No Biosafety. The present text does not perform the task of fitting the rules and procedures on liability and redress into the chorus of the other articles of the Protocol. It is naïve to assume that timing does not have a major diplomatic impact. Leaving health, socio-eonomic considerations, unintended and illegal transboundary transfer out of the package prejudges the later outcome. No respect is being paid to the work that went into the elaboration of the Protocol. The language favoured in the Core Elements paper returns to CBD language as if the Protocol did not exist. “Damage to the conservation of biological diversity” instead of “damage to biodiversity” sounds like “damage to the health care system” when we really have to address “damages to health”. Does “damage to sustainable use of biological diversity”  imply that you have to prove your use was sustainable? This language establishes a very high legal barrier. Intentionally or unintentionally? Everyone will understand if some countries who cannot fit a meaningful Supplementary Protocol into their national rules will not ratify. They should, however, not stand in the way of a all those parties that state that they need it urgently to protect their biodiversity and their people.

From “polluter-pays-principle” to
“importing state-carries the burden-principle”
The present proposals for the administrative approach (Piece A)  places the primary       burden  on importing countries. Many of these do not have the technical and financial capacities to carry that burden successfully. A mechanism is needed so that the voices of the affected communities will be heard, because they carry the basic burden..

“polluters-donate at their own discretion-principle”
In the past, voluntary guidelines were offered if a legally binding agreement was seriously under way. If the private sector should agrees to a supplementary compensation scheme this can  be taken as an indication that the negotiations are very close to establishing a useful legally-binding liability regime. Participants working in, for and/or in favour of biotechnology interests clearly stated in the negotiations “that no damage occurred”, that they want to consider “damage to biodiversity only”, and that “only cases where a baseline is established by the National Competent Authority should be considered”. There is no country that has established baselines for all their ecosystems, including soil ecosystems. The costs for creating the precondition to acces the proposed funding mechanism (Piece C.2.a) could be forbiddingly high. Even if the money should be there it probably cannot be effectively accessed and may be a fund in name only. It would be unacceptable that countries suffering damage should have to go hat in hand to the polluters, unacceptable that industry should judge whether there is damage, what is the extent of that damage, and whether it should be compensated. It is unacceptable that there is privatization of an international legal regime.

Chairs and party delegates, we rely on you:
DO UNCLIP THE WINGS OF THE LIABILITY REGIME,
SO THAT IT CAN FLY.

Cartagena, 17th March, 2008

Ecoropa, on behalf of Civil Society Organisations present at this meeting

ECO reports on: 

- scandalous deforestation right outside FAO's door, during SBSTTA 13

- the missed opportunity in the agricultural biodiversity discussions

- the bracket plague within SBSTTA negotiations on GE trees, Agrofuels, and maring/coastal biodiversity

-  brave action by Via Campesina women in Brazil

- the definition of forests  

- geoengineering and ocean fertilization 

- and more.  

PDF file found .... here

Dear all,

the post SBSTTA ECO is coming. Apologies for delay (not that anyone is holding their breath). I'd also like to draw people's attention to some events happening (or planning to happen) prior COP 9, especially a "teach-in" on 16 May, focused  on newcomers to the COP. There will be interpretation, etc. and it will really cover the basics of the CBD, and how civil society representatives and activists can influence and be involved in the process. 17 - 18 May will be more substantive preparations focused on the issue areas for COP 9.

more details to come on all of these, but please book calendars appropriately.

the CBD alliance also has a bit of funds to support participation in COP 9. Info is below. Application deadline is 18 March,

****Call for Participation**** Please circulate widely
DEADLINE FOR APPLICATION IS 18 March 2008.

The CBD Alliance supports “Southern” (from ‘developing’ countries and countries with economies in transition) civil society representatives, and Indigenous and local community participation in Convention on Biological Diversity (CBD) and CBD-related meetings. We have approximately six spaces (airfare, visa costs, per diem, hotel ) to support participation in the following meetings:

1.    Meeting of the Parties to the Cartagena Protocol on Biosafety  (COP-MOP 4) 12-16 May 2008, Bonn Germany
Please see http://www.cbd.int/doc/?meeting=MOP-04 for full agenda and documents. Issues to be discussed include (but not limited to): 
•    Handling, transport, packaging and identification of living modified organisms (Article 18)
•    Risk assessment and risk management (Articles 15 and 16).
•    Liability and redress (Article 27).
•    Subsidiary bodies (Article 30).
•    Monitoring and reporting (Article 33).
•    Assessment and review (Article 35).
•    Socio-economic considerations (paragraph 2, Article 26).
•    Public awareness and participation (paragraph 1, Article 23).
•    Options for implementation of the notification requirement under Article 8.


2.    Ninth Conference of the Parties to the Convention on Biological Diversity (COP 9) 19 – 30 May 2008, Bonn Germany.
Please see http://www.cbd.int/doc/?meeting=COP-09 for full agenda and all documents. Issues to be discussed include (but not limited to):
 
•    Agricultural biodiversity.
•    Invasive alien species.
•    Forest biodiversity.
•    Incentive measures.
•    Ecosystem approach.
•    Progress in the implementation of the Strategic Plan and progress towards the 2010 target.
•    Financial resources and the financial mechanism.
•    Access and benefit-sharing.
•    Article 8(j) and related provisions.
•    Biodiversity and climate change.
•    Biodiversity of dry and sub-humid lands.
•    Protected areas.
•    Biodiversity of inland waters.
•    Marine and coastal biodiversity.
•    Island biodiversity.
•    Global Taxonomy Initiative.
•    Liability and redress.
•    Guidance to the financial mechanism.
 

Please note: We have found that participants with some experience with the issues are most effective at fora such as the Conference of the Parties Please do not apply for this funding unless you have direct experience with the issues to be discussed at these meetings (at either local, national, or international levels). We also find that those most successful participants have a plan for how they will participate in these meetings: what issues they will press forward, and how. Please familiarize yourself with the agenda and documents on the secretariat websites noted above prior to applying.

If you are interested, please fill out the application below, also available on www.cbdalliance.org. DO NOT SEND CVs/Resumes – FILL OUT THE APPLICATION AND BE AS BRIEF AS POSSIBLE.

DEADLINE FOR APPLICATION IS 18 March 2008.
Applications received after this date will not be considered.

PLEASE EMAIL APPLICATIONS TO Swati Shresth (swatishresth@gmail.com).
Please put “CBD Alliance Application” in the subject of your email.


Application Process:
The Advisory Board to the CBD Alliance is responsible for selecting participants. This advisory board is regionally balanced civil society and also has specific representation for Indigenous Peoples, Women, and youth. The board has been openly nominated and supported through the biodiv_civsoc listserve. Upon receiving applications, regional advisory board members make recommendations to the full advisory board, who is responsible for the final decision making. Please contact Swati Shresth at swatishresth@gmail.com for more information on the advisory board and the process we use to select participants. Or see www.cbdalliance.org for more information including the current advisory board.

You will receive notification of the results by 31 March 2008. If selected you are required to either accept or decline the support within 3 days of receiving notice. Following this, selected participants must follow the deadlines communicated by the coordinator in order to facilitate prompt travel arrangements. Failure to comply with these deadlines will result in a reallocation of funding to other applicants.

Funding Disbursement:
For those selected, the Alliance prefers to reimburse participants (individuals/organizations) after the event upon receiving the original receipts, signed invoices and the final report (see application form for more information on the report). This is for accounting purposes. However, exceptions can be made for candidates requiring pre-financing (for airfare only, hotel and perdiems will be paid at the meeting, all other expenses are reimbursed following receipt of all receipts and reports). 

About the CBD Alliance
The CBD Alliance is a loose network of activists, NGOs, local community representatives and Indigenous Peoples representatives advocating for improved and informed participation in Convention on Biological Diversity processes – particularly the participation of Southern NGOs, Indigenous Peoples and Community Based Organizations. We currently moderate an email listserve of over 250 activists around the CBD. See www.cbdalliance.org for more information. The Alliance is currently hosted by Kalpavriksh, an environmental NGO Based in Pune, India. See http://www.kalpavriksh.org/ for more information.
Application Form

Please fill out the following application form. Please do not send CVs or resumes.

I. Contact and Affiliation Details
Name:
Organizational Affiliation:
Address:
Email:

II. Meetings you would like to attend
Please note clearly the meetings you would like to attend (MOP 4 and/or COP 9).

III. Information about yourself
Please answer the following questions. Please be brief (less than 400 words in total). Successful candidates are generally those who have clear, specific plans of what they hope to achieve at the meetings beyond general ‘learning’.

1.    What is your experience with biodiversity issues (local, national, regional, international), in particular, we would like to know what experience you have with issues being discussed at these meetings. Please be specific. If you are applying for both meetings please reference your experience with issues on both agendas.
2.    Explain briefly why you want to participate in these meetings, and what you hope to gain from participating. What issues do you hope to bring forward, particularly in relation to the issues under discussion? What groups will you work with, and how will you make the views of your organization or community known?
3.    Please outline any experience you have within international processes.

IV Participation in civil society strategy sessions and training session
All selected participants new to the CBD process, or relatively new, are required to attend the inaugural Civil Society capacity building day on 16 May 2008. This means arriving in Bonn on 14 May. In addition, the Alliance, along with its partners, will be hosting sessions on the weekend prior to COP 9 to allow for information sharing, further capacity building and joint strategy building. All of our supported participants are expected to participate in these sessions. Please indicate if you will be able to attend these sessions, which requires arriving one or two days before the official secretariat meetings. Please answer Yes or No.

V Languages spoken
While we endeavor to make this process open, we struggle with interpretation costs. Please list all languages you are able to work in, so we can best anticipate and plan for your needs, if you should be selected.

NOTE:
Each funded participant is required to write a brief, but analytical report from the meeting outlining what happened, what was achieved, and their participation. We also strongly encourage selected applicants to contribute an article to the production of the ECO – the civil society newsletter (please see www.cbdalliance.org). It is expected that each selected participant will actively and fully participate in the proceedings.