Convention on Biological Diversity

The Convention emerged from negotiations convened under the United Nations Environment Programme in the late 1980s and early 1990s. Its agreed text was adopted in Nairobi on 22 May 1992. It was opened for signature at the United Nations Conference on Environment and Development in Rio de Janeiro on 5 June 1992, and entered into force on 29 December 1993, 90 days after the deposit of the thirtieth instrument of ratification, acceptance, approval, or accession. The United Nations Secretary-General is its depositary.

Article 1 links three aims: conservation of biological diversity; sustainable use of its components; and fair and equitable sharing of benefits arising from the utilization of genetic resources. The treaty defines biological diversity broadly to include variation within species, between species, and among ecosystems. It also connects benefit-sharing with access to genetic resources, transfer of relevant technologies, and funding. These aims make the CBD both a conservation agreement and a framework addressing how biological resources are used and how resulting benefits are shared.

The Convention calls on each Party, in accordance with its conditions and capabilities, to develop or adapt national strategies, plans, or programmes for conservation and sustainable use, and to integrate these aims into relevant policies where appropriate. Its provisions address identification and monitoring of biodiversity, in-situ and ex-situ conservation, sustainable use, incentives, research, education, impact assessment, and cooperation. Many obligations are qualified by terms such as “as far as possible and as appropriate,” leaving room for national circumstances while establishing common commitments.

The CBD recognizes States' sovereign rights over their natural resources and provides that authority to determine access to genetic resources rests with national governments, subject to national legislation. Where access is granted, the Convention provides for mutually agreed terms and prior informed consent of the providing Party unless that Party determines otherwise. It calls for measures aimed at sharing, fairly and equitably, research results and benefits from commercial and other uses of genetic resources on mutually agreed terms. These provisions are part of the treaty's attempt to connect conservation with the distribution of benefits and participation in research.

The Conference of the Parties (COP), composed of the treaty's Parties, keeps implementation under review and may adopt protocols. A subsidiary body provides scientific, technical, and technological advice. The Convention also establishes reporting and information-sharing mechanisms. Its first major protocol, the Cartagena Protocol on Biosafety, was adopted in 2000 and entered into force in 2003; it addresses the safe handling, transport, and use of living modified organisms that may affect biodiversity, while taking human-health risks into account. The CBD therefore operates as an evolving treaty framework, with later agreements addressing particular areas in more detail.