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Legal Aspects of Achieving the Aichi Biodiversity Targets

Legal Aspects of Achieving the Aichi Biodiversity Targets. Law, Governance, and Climate Change Adaptation Workshop IUCN World Conservation Congress. Frederic Perron-Welch, IDLO Consultant, Biodiversity Law and Governance Yolanda Saito, IDLO Legal Specialist, Green Economy

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Legal Aspects of Achieving the Aichi Biodiversity Targets

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  1. Legal Aspects of Achieving theAichi Biodiversity Targets Law, Governance, and Climate Change Adaptation Workshop IUCN World Conservation Congress Frederic Perron-Welch, IDLO Consultant, Biodiversity Law and Governance Yolanda Saito, IDLO Legal Specialist, Green Economy Jeju 7 September 2012

  2. IDLO:Inter-governmental Organization Specialized in Legal and Institutional Aspects of Development Supporting Justice: Legal Capacity BuildingandTechnical Assistance Programs on Sustainable Development & other issues. Multi-Year Initiatives: Legal Preparedness for Climate Change Initiative (LPCCI), Legal Preparedness for the Green Economy (LPGE) Specific Programs: Legal Preparedness for Achieving the Aichi Biodiversity Targets, Legal Guidebook on Low Emission Climate Resilient Development Strategies, Policy Briefs on Climate Compatible Development etc. Helping People: Legal Professionals; Governments; Policy Makers; Regulators; and Civil Society in Developing Countries, Transition Economies and Countries Emerging from Conflicts In-Country Programs: Active in over 175 Countries On-Site: Rome HQ, Offices in Bishkek, Juba, Kabul, Nairobi Community: Legal Alumni Networks in 44 Countries International Development Law Organization Who How Target Where

  3. Presentation Overview Target 3: Incentives Target 5: Natural Habitats Target 14: Restoring and Safeguarding Ecosystems Initiative: Legal Preparedness for Achieving the Aichi Targets Discussion: Key Legal Questions for Group Discussion

  4. Target 3: Incentives (2020) What are the links to climate change adaptation? • Aichi Target 3 – Incentives: To mainstream biodiversity in government and society, Target 3 seeks the elimination, phasing out or reform of incentives harmful to biodiversity, and the creation of positive incentives to promote conservation and sustainable use of biodiversity, in harmony with the CBD and other international obligations • Biodiversity-Climate Adaptation Links: • Many incentives harmful to biodiversity are driving climate change, and positive incentives already exist for the conservation and sustainable use of biodiversity. • Incentive measures should thus aim to jointly address adaptation and the conservation and sustainable use of biodiversity. • Potential Legal Best Practices: • Loi N°94-01 du 20 Janvier 1994 portant régime des forêts de la faune et de la pêche(Cameroon) • Ley de Incentivos Forestales para Poseedores de Pequeñas Extensiones de Tierra de Vocación Forestal o Agroforestal (Guatemala) • Forestry Act 2005(Kenya) • Ley de Gestion de la Diversidad Biologica(Venezuela)

  5. Target 5: Natural Habitats (2020) What are the links to climate change adaptation? • Aichi Target 5 - Natural Habitats: • With the goal of reducing the direct pressures on biodiversity and promoting sustainable use, Target 5 aims that the rate of loss of all natural habitats, including forests, is at least halved and where feasible brought close to zero, and degradation and fragmentation is significantly reduced • Biodiversity-Climate Adaptation Links: • Habitat loss, degradation and fragmentation is the most important cause of biodiversity loss globally, reducing the ability of ecosystems to supply services vital to human wellbeing. • Adaptation goals can be met by adopting measures to achieve Target 5, as intact ecosystems have greater resilience to extreme events, help guarantee food and water security, and sequester carbon more effectively than degraded or fragmented ones. • Potential Legal Best Practices: • Forest Act 1998 (Gambia) • National Environmental Management: Biodiversity Act 2004 (South Africa) • Biodiversity Law, 2008 (Vietnam)

  6. Target 14: Restoring and Safeguarding Ecosystems (2020) What are the links to climate change adaptation? • Aichi Target 14 - Restoring and Safeguarding Ecosystems: • To enhance benefits from biodiversity and ecosystem services, Target14 seeks that ecosystems providing essential services and contributing to health, livelihoods and well-being are restored and safeguarded, taking into account the needs of women, ILC, and the poor and vulnerable. • Biodiversity-Climate Adaptation Links: • Biodiversity underpins ecosystem functioning and the provision of ecosystem services essential for human well-being including food, air, and water. • Safeguarding, maintaining and restoring ecosystems is a key way to support food security, water security, and other climate change adaptation needs. • Potential Legal Best Practices: • Lei No 2.308 Cria o Sistema Estadual de Incentivos a Serviços Ambientais (Acre, Brazil) • Ley Forestal 7575 (Costa Rica) • Ley de AguasNacionales(Mexico)

  7. Legal Preparedness for Achieving the Aichi Targets Initiative What is the Aichi Targets Initiative? • Who? Partnership between the IDLOand Centre for International Sustainable Development Law (CISDL), carried out in collaboration with the CBD Secretariat and with the financial support of the Japan Biodiversity Fund. • Objective? to improve implementation of the CBD by supporting developing countries in identifying and addressing the possible legal pathways and implications of meeting the Aichi Biodiversity Targets. • What New Legal Tools? • ALegal Analytical Working Paper that scopes the legal aspects of a subset of eight interrelated Targets that have broad-ranging social and economic implications. (Aichi Targets 2, 3, 4, 5, 6, 7, 14, 17) • An online Legal Toolkitthat provides summaries of legal measures backed by international treaty obligations that can inform and inspire action elsewhere through prompt legal, regulatory, institutional&policy reforms. • In-depth Case Study Reports on innovative laws that help to achieve the Aichi Targets, written to provide a behind-the-scenes look at the drivers, process, implementation and lessons learned of these laws.

  8. Presentation Overview Target 3: Incentives Target 5: Natural Habitats Target 14: Restoring and Safeguarding Ecosystems Initiative: Legal Preparedness for Achieving the Aichi Targets Discussion: Key Legal Questions for Group Discussion

  9. Key Legal Questions for Group Discussion • What are the potential synergies between legal measures aimed at climate change adaptation and legal measures aimed at reducing biodiversity loss related to: • Target 3 (Incentives) • Target 5 (Natural Habitats) • Target 14 (Restoring and Safeguarding Ecosystems) • Which national or sub-national laws on climate change adaptation might also • be useful in achieving one of the above Aichi Targets? • How can adaption and biodiversity be “mainstreamed” concurrently in law? • How are further actions that the Initiative can take to build awareness and capacity to coordinate the legal implementation of the CBD and related Treaties?

  10. Thank You! IDLO Headquarters VialeVaticano, 106 00165 Rome, Italy Tel: +39 06 40 40 32 00 Email: idlo@idlo.int Permanent Representative at the United Nations in New York Uganda House, 336 East 45th St. New York, NY 10017 USA pcivili@idlo.int www.idlo.int

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