Africa: COP16 - Aligning Biodiversity With Human Rights and Climate Action

17 October 2024
Global Witness (London)
press release By Gabriella Bianchini, Emily Iona Stewart and Ashley Thomson

The choices and actions taken at the 16th Conference of the Parties to the United Nations Convention on Biological Diversity (CBD COP16) will impact the biodiversity crisis and its link to the climate emergency. Now more than ever, world leaders must take transformative action to deliver their pledges.

Biodiversity is the cornerstone of all life. It is crucial in balancing the planet's climate and sustaining our natural systems that support the people, plants, animals, fungi, and other forms of life that populate the lands and waters of our world.

Yet, we are facing an unprecedented crisis. Entire biomes are disappearing, habitats are being wiped out, and up to a million species teeter on the brink of extinction. These cascading losses will drive us further away from achieving a sustainable and equitable future.

This relentless degradation not only devastates the environment but also threatens human livelihoods especially for land and environmental defenders, including Indigenous peoples and local communities, who stand at the forefront of biodiversity protection.

Colombia will host the 16th Conference of the Parties to the United Nations Convention on Biological Diversity (CBD COP16) amidst this urgent reality. The summit is drawing significant global attention as political leaders are increasingly acknowledging the significance of the biodiversity crisis and its links to the climate emergency.

What to expect at COP16

At the last CBD COP in 2022, the Kunming-Montreal Global Biodiversity Framework (GBF) was adopted by 196 countries. This landmark agreement set out 23 ambitious targets to halt and reverse biodiversity loss by 2050, with a particular emphasis on protecting environmental human rights defenders.

Hosted by the Colombian government in Cali, CBD COP16 will be the first summit since the adoption of the GBF. The stakes are higher than ever, and there is a unique opportunity to turn the GBF commitments into concrete, actionable plans.

Countries will present their updated National Biodiversity Strategies and Action Plans (NBSAPs) for implementing the GBF - and, with new Nationally Determined Contributions (NDCs) due to be submitted next year under the Paris Climate Agreement, governments must align their biodiversity plans with climate action.

Colombian Environment Minister Susana Muhamad has announced that the theme for COP16 is "Peace with Nature," a call to rethink our relationship with the environment and to move away from economic models based on extraction and pollution. Colombia has also committed to placing environmental defenders at the heart of the summit, highlighting the voices of those safeguarding biodiversity and protecting territories.

One thing we know for sure: the decisions made at COP16 will have profound implications for the planet's future. Colombia must demonstrate strong leadership, and call for global cooperation that leads to bold, transformative changes in biodiversity protection.

This means recognising the critical role biodiversity plays in our food systems and food security, in stabilising the global climate, and all of our lives and livelihoods.

Bold changes also will require the world to listen to the leadership of land and environmental defenders, including Indigenous people.

Global Witness' policy positions for biodiversity COP

Global Witness policy positions for biodiversity COP are organised across three themes to advance a human-rights based approach for climate action:

  • Promote the recognition and meaningful participation of land and environmental defenders in all decision-making processes at biodiversity COPs
  • Action to align public and private financial flows to end deforestation and nature loss
  • Promote responsible mining that is not negatively impacting biodiversity through a minerals resolution and take steps towards establishing no-go zones for mining in biodiversity hotspots

Parties must prioritise these themes in the implementation of the GBF and to ensure a solid, efficient, transparent, and clear process for the global review of collective progress.

Promote the recognition and meaningful participation of land and environmental defenders in all decision-making processes at biodiversity COPs

Land and environmental defenders, particularly Indigenous peoples, play a vital role in protecting biodiversity and defending climate-critical forests, habitats, and ecosystems. Their approach to land use and solutions embodies true sustainability and innovation.

Across 90 countries, environmental defenders steward more than a third of the Earth's protected land and help preserve an estimated 80% of the world's remaining biodiversity.

However, they are often excluded from decision-making processes and are exposed to extreme levels of violence simply for defending their livelihoods, environment, and biodiversity.

Among the 23 targets adopted by the GBF, Target 221 specifically commits to "the full, equitable, inclusive, effective, and gender-responsive representation and participation" of defenders in decision-making. It also recognises the cultural, territorial, and resource rights of Indigenous peoples and local communities to access justice and information related to biodiversity.

Target 22 represents a best practice in acknowledging the crucial work of land and environmental defenders, thereby promoting their protection and participation in decision-making processes.

During COP16, the Parties have a significant opportunity to make concrete progress in reducing violence against land and environmental defenders by committing to collect data and report on this indicator within their national reports to the Conference of the Parties to the CBD.

Land and environmental defenders must be central to COP16 discussions, and the Parties of the CBD should take decisive action to:

  • Adopt specific language that publicly recognises the crucial role that land and environmental defenders play in combating climate change, conserving biodiversity, and protecting ecosystems
  • Integrate a concrete action plan into their National Biodiversity Strategies and Action Plans (NBSAPs) to achieve Target 22
  • Ensure the full protection of land and environmental defenders, as outlined by Target 22 and report on measures taken to protect them fully
  • Collect national data on killings and attacks against land and environmental defenders, in line with the Parties' commitments to realising the 2030 Agenda for Sustainable Development, including a global indicator framework to track progress towards the Sustainable Development Goals (A/RES/71/313), specifically indicator 16.10.1
  • Support the adoption of a headline indicator for the Monitoring Framework of the Global Biodiversity Framework relating to actions taken under Target 22 to ensure the full protection of land and environmental defenders
  • Ensure that all decisions are directly informed by land and environmental defenders -- both in global and national contexts, including in the adoption and implementation of NBSAPs
  • Ensure that Indigenous peoples' knowledge, experience, and practices are taken into consideration in all decision-making processes -- both in global and national contexts, including in the adoption and implementation of NBSAPs

Pass regulations to align financial flows and end deforestation and nature loss

Forests are irreplaceable, and the targets of the GBF are unachievable without urgent action to end deforestation by 2030.

Agriculture is the leading driver of tropical deforestation and associated biodiversity loss. So far, efforts to end global deforestation have relied on voluntary commitments by the world's largest agribusinesses, traders, and financial institutions to change their practices.

These commitments are not working. We need new regulation to stop the financing of businesses we know are causing irreversible nature loss and human rights abuses. We know this is preventable, and we must hold businesses to account when they make these deals.

At COP16, leaders must commit to new trade and finance regulations that align the financial system with forest protection. This should happen in concert with other aims and targets of the GBF, including direct finance for and inclusion of Indigenous peoples and local communities in decision-making, recognising their rights and knowledge.

In addition to the GBF, leaders must deliver their commitments under Glasgow Leader's Declaration on Forests and Land Use, where more than 140 governments agreed to halt and reverse deforestation by 2030 - including the alignment of finance. At COP28, States also committed to 'enhanced efforts' to halt and reverse all global deforestation by this date.

New regulation is an essential pillar of Target 14 of the GBF, which urges governments to incorporate biodiversity into all levels of decision-making, including aligning financial flows with the goals of the framework. It is also needed to strengthen Target 15, to compel businesses to assess, disclose, and reduce negative impacts and biodiversity risks from their operations, rather than voluntary schemes.

All signatories to the Glasgow Declaration must step up their actions to meet the 2025 deadline to halt commodity-driven deforestation. COP16 should serve as a key moment to remind countries of those commitments ahead of COP29, where countries need to stand by their pledges by announcing concrete steps to achieve them, as well as provide data and information about their progress so far.

At CBD COP16, governments can take decisive actions now to provide greater accountability in tracking, monitoring and reporting of targets by:

  • Committing to enacting national legislation to end harmful finance driving biodiversity loss and deforestation, including through the adoption of mandatory due diligence frameworks for high-risk sectors such as agriculture, mining and fossil fuel exploration that include Free, Prior, and Informed Consent (FPIC). These laws should be developed with in collaboration with and responsive to the needs of Indigenous and local communities, and address both public and private sources of finance.
  • Commit to immediate actions to reduce the trade of products leading to deforestation in both the consumer and producer context, including high-risk sectors and products tied to deforestation and related human rights impacts. Specifically, the recent European Commission's proposed 12-month delay to the entry into application of the EU deforestation-free product Regulation (EUDR) presents the serious risk of other jurisdictions rolling back their ambition to achieve deforestation-free supply chains. This is partly due to pressure from industry sectors who claim they are not ready to change their operations.
  • Ensuring National Biodiversity Strategies and Action Plans (NBSAPs) include plans to eliminate the role of harmful finance as a driver of global deforestation and biodiversity loss, including across critically endangered biomes that do not meet the definition of a forest, such as the Cerrado, and its linkages to human rights violations and abuses. Governments must incorporate ambitious and time-bound targets to measure and reduce the flow of harmful finance in NBSAPs.
  • Ensuring the alignment of NBSAPs and Nationally Determined Contributions (NDCs). These plans must be devised with rights-holders and be aligned with the GBF and Glasgow Leaders' Declaration, as well as the Paris Agreement, to create reinforcing climate mitigation and adaptation plans.
  • Pursuing legal accountability for harm caused to the environment and local communities, as well as greenwashing by businesses and financial institutions that misrepresent their efforts to reduce the impacts of their operations on the communities and landscapes within their value chains.

Promote responsible mining that is not negatively impacting biodiversity through a minerals resolution, and take steps towards establishing no-go zones for mining in biodiversity hotspots

As we strive to meet global climate goals, the demand for minerals critical to renewable energy technologies is rising rapidly.

These minerals, including lithium, cobalt, and nickel, are essential for batteries, wind turbines, and solar panels. However, without urgent action, the environmental and social costs of mining these materials threaten to undermine the very purpose of the energy transition: protecting our planet and its people.

Mining greatly impacts forests and other biodiversity hotspots. Up to one-third of the world's forests may already be affected by mining, with regions such as the Amazon, the Congo Basin and Southeast Asia at particular risk according to a research paper.

At COP16, we must address how mining for transition minerals impacts biodiversity and ecosystems, ensuring that the energy transition does not come at the expense of nature and crucial carbon sinks.

To achieve this, outcomes at CBD COP should:

  • Implement strong global standards for responsible mining practices. Mining operations must adhere to robust environmental, social, and governance (ESG) standards, which prioritise biodiversity conservation and respect for human rights. These standards should be legally binding and enforceable across all jurisdictions, promoting transparency and accountability throughout the supply chain.
  • Mandate Free, Prior, and Informed Consent (FPIC) for affected communities. Indigenous peoples and local communities are often the first to experience the negative impacts of mining. Governments and companies should protect and respect Indigenous peoples' right to self-determination, ensuring that their rights to FPIC prior to and during minerals licensing, extraction and processing, is in full alignment with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and International Labour Organization Convention 169 (Indigenous and Tribal Peoples Convention).
  • Expand protected areas and no-go zones for mining. Governments should identify and expand biodiversity-rich and culturally significant areas and designate them as no-go zones for mining. Critical habitats for endangered species and key ecosystems that provide essential services should be protected from mineral extraction activities and the precautionary principle applied to support effective environmental protection measures.
  • Adopt circular economy strategies to reduce raw material demand. Transitioning to a circular economy can significantly lessen the demand for newly mined minerals. Recycling, reusing, and extending the life of existing materials can reduce the pressure on biodiversity hotspots. There is a need for strong regulatory frameworks that promote product design for durability and recyclability, reducing reliance on virgin mineral extraction.
  • Prioritise Local and Regional Environmental Impact Assessments (EIA). EIAs should be mandatory and enforceable for all mining projects, ensuring they account for long-term biodiversity and ecosystem impacts. These assessments must be conducted independently and involve the participation of local communities and environmental experts. Any projects with unacceptable risks to biodiversity must be rejected or subject to mitigation strategies that adequately protect ecosystems.
  • Promote innovation and tech transfer in low-impact mining technologies. Governments and industries should invest in research and development of mining technologies that minimise environmental degradation. This includes reducing water use, preventing habitat destruction, and mitigating pollution from waste and tailings. Incentivising companies to adopt these technologies and others to allow sharing of IP is key to reducing the negative impacts of mining on nature.
  • Strengthen global cooperation on biodiversity and mining governance. The UN Secretariat General panel on transition minerals makes clear the need to protect biodiversity in line with the Rio Declaration. The integrity of the planet, its environment and biodiversity must be safeguarded through multilateral cooperation.

Gabriella Bianchini, Senior Campaigner, Land and Environmental Defenders

Emily Iona Stewart, Head of Policy and EU Relations, Transition Minerals

Ashley Thomson, Senior US Policy Advisor, Forests

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