Cali, Columbia — The curtains fell on the 16th Conference of the Parties of UN Biodiversity (COP16) on Sunday without any formal closing. In a voice message, David Ainsworth, the Communications Director of the UNCBD, confirmed that the COP was suspended due to a lack of quorum in the plenary and would be resumed sometime later. However, before being suspended, the parties managed to adopt a historic decision to open the door for Indigenous Peoples (IPS) and local communities (LCs) to influence the global plan to halt the destruction of biodiversity.
A Watershed Moment for IPLC
On Saturday night, after hours of last-minute negotiations at several closed-door meetings among parties, COP negotiators agreed to create a permanent subsidiary body under Article 8j of the Kunming-Montreal Global Biodiversity Framework (KMGBF) that would allow indigenous and local communities (IPLCs) direct participation in the implementation of the Kunming-Montreal Global Biodiversity Framework. As reported by IPS previously, article 8j had been the subject of one of the most intense negotiations in the COP, with thousands of indigenous activists demanding it while also drawing opposition from a few countries, including Indonesia and Russia.
However, after several rounds of meetings facilitated by the COP16 host Colombia, the warring countries were finally brought to a consensus and the proposal to establish a permanent subsidiary body in the CBP on IPLCs was finally adopted unanimously. Also, for the first time in the history of the CBD COP, indigenous peoples of African descent in Colombia had been recognized for their role in biodiversity conservation, paving the way for them to participate in all processes related to IPLCs under COP and KMGBF.
"This is a watershed moment in the history of multilateral environmental agreements," said Jennifer Corpuz, leader of the International Indigenous Forum on Biodiversity (IIFB), an umbrella organization of Indigenous Peoples and local communities from 7 global regions organized around the Convention on Biological Diversity (CBD) to coordinate indigenous strategies on biodiversity.
Corpuz, who had spearheaded the IIFB negotiations on 8J all through the COP, further said that establishment of the Permanent Subsidiary Body on Article 8(j) would not only enable strong partnerships between governments, Indigenous Peoples and local communities and funders but also provide a high-level platform to further highlight the contributions of IPs and LCs to protection of the planet and share learnings.
Currently, the IPLC-related discussions are held under an open-ended Working Group. The decisions of this group are not binding and there is no mandate on how often this group should meet. However, after the subsidiary body's creation, this working group is no longer needed and can be disbanded. Corpuz revealed that Colombia is most likely to be the host of the first subsidiary body meeting, expected to take place in about a year from now--around October or November 2025.
Hopes Raised by a New DSI Fund
Agreement on a new, multilateral framework on Digital Sequencing Information (DSI) was also reached at COP16 on Saturday.
The framework--to be known as the CaliFund--will channel funding and address how the benefits derived from the use of genetic data, particularly in pharmaceutical, biotechnology and agricultural companies, should be shared with the countries, indigenous communities and stakeholders that provide these resources. The adopted text on this includes strong language such as companies should pay rather than being encouraged to and specifies that 50 percent of the money coming to the DSI fund will be directly going to Indigenous Peoples and local communities.
However, no decisions were taken on the exact percentage of the profits that the companies will have to pay and who would be the other stakeholders eligible to access the fund.
National Biodiversity Action Plans
In a pre-COP interview to IPS, Astrid Schomaker, Executive Secretary of the UNCBD, said that all parties were expected to submit their revised National Biodiversity Strategy and Action Plan (NBSAP) at COP16. However, on the final day of the COP, only 44 countries had submitted their NBSAPs. The long list of countries that did not submit includes the UK and Brazil.
At the launch event of their NBSAP, Indian Minister of State for Environment, Kirti Vardhan Singh, said that India was ready to help others, especially the neighboring countries, to develop and submit their own NBSAPs.
"We do believe in neighbors first policy and the policy of 'one earth, one family' and are always ready to share our expertise with the neighbors; however, the request must come from their side, Singh told IPS.
Gender: A Free Tool to Measure Progress
Gender mainstreaming--the focus of KMGBF's Article 23 was not on the main agenda of COP16, and parties did not have a mandate to discuss their plans on implementing it.
However, Women4Biodiversity--the group that represents all NGOs working on biodiversity and women--announced on October 31 that they had co-developed with UNEP-WCMC an indicator for the countries to adopt and use to implement target 23 of the KMGBF.
Explaining further, Mrinalini Rai, head of Women4Biodiversity, said that the indicator includes a questionnaire with multiple choice answers. Questions are organized under the three expected outcomes from the Gender Plan of Action and the wording closely corresponds to the indicative actions in the Gender Plan of Action. Each answer falls under a category representing the level of progress. Answers are then aggregated and summarized as a quantitative measure (index) to provide a measure of progress over time
All countries that signed the KMGBF have to report on the progress of its implementation in 2026, when the Biodiversity Global Stocktake will take place. The indicator could especially help Parties to prepare for that reporting since it is developed to track and report on their actions towards ensuring the gender-responsive implementation of the KMGB.
"We have taken a long time and invested a lot of efforts to co-develop this methodology. We also have held extensive consultations with several countries and 19 of them held a test run of the indicator. They then shared their feedback, and we revised the indicator based on that. So, it's a tried and tested tool that any country can use," Rai said.
Finance and Monitoring and a Suspended COP
While a couple of new financial contributions were pledged to the Global Biodiversity Framework Fund during the COP, USD 51.7 million by private donors and USD 163 million by 12 donor countries, the target of raising USD 20 billion by a year remained a goal as distant as ever.
On Saturday night, there was a clear divide between the developing and the developed countries, mainly the European Union. The developing countries demanded that the COP adopt a plan for meeting the USD 20 billion by 2025 and hold donors to account. They argued that this was crucial for them, as the majority of the countries in the global south could not start implementing their biodiversity action plans without money. However, this was vehemently opposed by EU delegates who did not want the official document to include any language related to accountability.
The north-south divide also became prominent when African countries complained that their concerns and voices were being sidelined on the crucial issue of the monitoring framework.
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Speaking on behalf of the African Union, the delegate from Namibia alleged that the COP had failed to consult African parties in developing indicators for implementation of the KMGBF: "We would like to put it on record that throughout the contact groups and beyond, we have signaled our willingness to engage in discussions and find convergence; however, Africa was not informed nor invited to the discussion on a compromise that was presented in the CG but that never considered the African group's position with its 55 countries."
As both groups refused to move from their positions and some parties also spoke without following the procedure of the UN process, the COP presidency finally announced that the conference was being suspended for now.
Melissa Wright, of Bloomberg Philanthropies, which had previously pledged to donate USD 20 million to conserve marine biodiversity, said the deadlock was "deeply concerning."
"It is deeply concerning that consensus was not reached on key issues, including finance. The clock is ticking."
However, Susana Muhamad, the president of COP16, called the conference a success.
"COP16 has been a transformative event," said Muhamad while admitting that disagreements on the financial strategy and the monitoring framework remained a future challenge. "
This leaves some challenges for the Convention, and it is time to start addressing them, but the discussion there was always very polarized and continued to be so," she said.
COP17: Armenia Wins
On October 31, delegates voted for Armenia to host the next biodiversity COP (COP17). Armenia and Azerbaijan were the two contenders and during the voting, Armenia received 65 votes out of 123 cast in a secret ballot, while 58 were cast in favor of Azerbaijan, Muhamad announced.
