Protected areas

The Conference of the Parties,

Review of implementation of the programme of work on protected areas for the period 2004-2006

Recognizing the need for adequate technical, institutional and financial capacities for the implementation of the programme of work, and

Emphasizing the importance of continuing to strengthen collaboration with relevant partners, in particular the partners and other collaborators listed in appendix to decision VII/28,

1. Notes the progress made in the implementation of the programme of work on protected areas for the period 2004-2006, including in particular the significant contribution of the partners of the consortium of non governmental organizations, especially The Nature Conservancy, Conservation International, the Wildlife Conservation Society and WWF to the implementation of the programme of work in various regions in terms of technical and financial support, as reported by the Executive Secretary (UNEP/CBD/COP/8/29);

2. Recognizes that a major shortcoming in the current review has been the limited availability of relevant information on activities of the programme of work, including the insufficient number of reports submitted by the time of this review;

3. Further recognizes the need for the systematic collection of relevant information for evaluating progress in the implementation of the programme of work on protected areas to facilitate the assessment of progress towards the 2010 biodiversity target and other global goals, encourages Parties, other Governments and relevant organizations to provide timely and quality information on the implementation of the programme of work;

4. Urges Parties, other Governments and multilateral funding bodies to provide the necessary financial support to developing countries, in particular the least developed and small island developing States, as well as countries with economies in transition, taking into account Article 20 and Article 8 (m) of the Convention to enable them to build capacity and implement the programme of work and undertake the reporting required, including national reports under the Convention on Biological Diversity, to enable the review of implementation of the programme of work on protected areas in line with goal 2.2 of the programme of work.

5. Agrees that reporting should concentrate mostly on outputs as well as processes, with the use of tools such as the matrix in annex II of recommendation 1/4 of the Ad Hoc Open-Ended Working Group on Protected Areas and other relevant information, to provide for a strategic assessment of progress made, challenges/obstacles, and capacity building needs.

6. Agrees on the importance of undertaking consultation processes including indigenous and local communities and relevant stakeholders on reporting on the implementation of the programme of work on protected areas;

7. Recognizes the importance of linkages to avoid overlap with relevant activities in thematic programmes of work (such as the programmes of work on forest, inland water, dry and sub-humid lands, marine and coastal, and mountain biodiversity) and under other cross-cutting issues (such as Global Strategy for Plant Conservation and Global Taxonomy Initiative) where these programmes of work contribute to the implementation of the programme of work on protected areas;

8. Notes the importance of the World Database on Protected Areas as a tool to assist the monitoring of progress towards achieving the targets of the programme of work on protected areas and invites the World Conservation Monitoring Centre of the United Nations Environment Programme (UNEP-WCMC), the IUCN World Commission on Protected Areas (IUCN-WCPA) and the World Database on Protected Areas (WDPA) consortium to further develop access to the database and information management including tools for data sharing / exchange;

9. Recognizes that the review of implementation of the programme of work for the period 2004-2006 identified lack of implementation and capacity building constraints for developing countries, especially for activities 1.1.5 (gap analysis), 1.2.1 (integrating protected areas into wider landscapes and seascapes), 3.4.2 (country-level sustainable financing strategies), 4.2.1 (evaluating the effectiveness of protected areas management) and 1.1.2 (large intact unfragmented areas), and urges Parties as a matter of priority to address the above-mentioned gaps and constraints.

10. Requests the Executive Secretary to organize, subject to availability of necessary funds, in collaboration with relevant organizations, regional workshops of representatives of Parties, other governments, relevant organizations and indigenous and local communities to review the implementation of the programme of work and to build capacity using tools such as the matrix in annex II to recommendation 1/4 of the Ad Hoc Open-ended Working Group on Protected Areas, and accordingly encourages Parties, other Governments and relevant organizations to support and implement capacity-building activities;

11. Urges Parties and other Governments to increase the effective protection and management of marine and inland water ecosystems, paying particular attention to: (i) integrating marine protected areas into the wider seascape; (ii) creating further freshwater protected areas; and (ii) increasing collaborative activities to protect ecosystems in marine areas beyond the limits of national jurisdiction, in the context of international law (including the United Nations Convention on the Law of the Sea, and based on scientific information);

12. Requests the Executive Secretary to continue developing and strengthening collaboration with other organizations, institutions and conventions e.g. the elaboration and effective implementation of memoranda of understanding, as a way to promote synergy and avoid unnecessary duplication and facilitate effective implementation of the programme of work on protected areas, including compiling and disseminating through the clearing-house mechanism and other means, best-practice guidelines, lessons learned and success stories on protected areas; .

13. Further requests the Executive Secretary to report to the second meeting of the Ad Hoc Open-ended Working Group on Protected Areas on progress made in the implementation on paragraphs 27 and 33-35 of decision VII/28, as well as other supporting activities in the programme of work.

14. Furtherrequests the Executive Secretary to enhance collaboration with IUCN and its World Commission on Protected Areas and other international non-governmental organizations in supporting the implementation of the programme of work according to country‑driven and regional priorities;

15. Decides to convene the second meeting of the Ad Hoc Open-Ended Working Group on protected areas prior to the ninth meeting of the Conference of the Parties, to evaluate progress and elaborate recommendations to the Conference of the Parties for improved implementation in accordance with the draft provisional agenda contained in annex I to the present decision;

16. Invites Parties, other Governments, relevant organizations and other stakeholders and urges Parties to seek contributions from indigenous and local communities on progress made towards the targets, challenges/obstacles and capacity building needs, in time for the consideration of the second meeting of the Ad Hoc Open-ended Working Group on Protected Areas;

Options for mobilizing financial resources for the implementation of the programme of work by developing countries , in particular the least developed and small island developing States and countries with economies in transition

17. Welcomes the Montecatini financial considerations for protected areas in annex II to the report of the Meeting of Donor Agencies and Other Relevant Organizations to Discuss Options for Mobilizing New and Additional Funding for the Implementation of the Programme of Work on Protected Areas (UNEP/CBD/COP/8/INF/26);

18. Invites Parties:

(a) To organize, as a matter of urgency, national—and as appropriate, regional—protected-area financing roundtables of donors and recipient Governments, for the purpose of advancing progress on national and regional-level sustainable finance strategies and the achievement of goal 3.4 in the programme of work on protected areas adopted by the Conference of the Parties at its seventh meeting;

(b) To consider prioritizing the need to undertake immediately a national protected-area values and benefits initiative, in accordance with activities 3.1.2 and 3.4.6 of the programme of work;

(c) To assess, document and communicate the socio-economic values of protected-area systems, focusing in particular on the critical contribution to poverty alleviation and achievement of the Millennium Development Goals (MDGs), including specific evaluations of the impacts of the existing variety of funding mechanisms and protected area programmes on indigenous and local communities;

(d) To effectively address protected-areas financing in the outcomes of the Millennium Review Summit in September 2005, including clear recognition of the critical role of protected areas in achieving the Millennium Development Goals;

(e) To design and elaborate financial plans, incorporating a diversity of national, regional and international sources, to meet the costs to effectively and sustainably implement and manage national and regional protected-area systems and include:

(i) Analysis of current financial income and expenditures, overall financial needs and gaps;

(ii) Carry out an analysis of the administrative, legal and management-related barriers and address these in order to create an enabling environment and to facilitate financial plans;

(iii) Concrete and comprehensive needs assessments to create better insight in the necessary resources for activities;

(iv) Definition and quantification of protected area goods and services, and potential sources of investment to pay for such goods and services;

(v) Screening and feasibility analysis of potential financial mechanisms; and

(vi) National financial plans for protected areas;

(f) To consider the following options, as appropriate, in designing financial plans for the system of protected areas:

(i) National trust funds that support protected-areas systems should be used for channelling, inter alia, multilateral and bilateral grants, tourism-based revenues, debt-for-nature swap proceeds, and contributions from non-governmental organizations;

(ii) Funding mechanisms connected to socially and environmentally sustainable economic activities that have direct links to protected areas, while maintaining the integrity of the protected area and related ecosystems;

(iii) Funding mechanisms that channel the economic values of ecosystem services at local, regional and global levels;

(iv) Explore options for innovative international finance mechanisms to support the programme of work, taking into account the conclusion of national and international initiatives to combat hunger, reduce poverty and increase development funding;

(v) Retention, by local or national protected-area management authorities, of visitor fees and other revenues generated from protected areas; and

(vi) Increase, where possible, of national and local government budgets for protected-area management;

(vii) Funding mechanisms to support indigenous and local communities conserved areas;

(g) To support institutional strengthening and improved governance of protected-areas management authorities including those of indigenous and local communities and to build capacities of protected-area officials and members of community –based management initiatives, where appropriate to undertake sound financial planning and management;

(h) To explore options where applicable, for linking protected area funding to potential regulatory and voluntary mechanisms for enhancing protected area funding;

(i) To establish an ongoing dialogue on financing, including a meeting on long-term financing to be held back to back with the second meeting of the Ad Hoc Open-ended Working Group on Protected Areas or the ninth meeting of the Conference of the Parties, in order to meet goal 3.4 of the programme of work and to achieve a thorough assessment of this goal by the ninth meeting of the Conference of the Parties and to consider financial issues as one of the key topics for discussion at one of the future meetings of the Ad Hoc Open-ended Working Group on Protected Areas;

(j) To note the need that all activities are carried out with the full and effective participation of, and full respect for the rights of, indigenous and local communities consistent with national law and applicable international obligations;

19. Encourages Parties to conduct an ongoing and focused dialogue on financing of national implementation of the programme of work by:

(a) Reporting, as far as feasible and using existing information, on the progress regarding the follow-up to this decision to the Ad Hoc Open-ended Working Group on Protected Areas in preparation for the meeting of the Conference of the Parties; and

(b) Inviting the donor community and relevant organizations to take part in this ongoing dialogue and to participate in the Ad Hoc Open‑ended Working Group on Protected Areas;

20. Invites the United Nations Development Programme, the World Bank, the United Nations Environment Programme and other Implementing Agencies of the Global Environment Facility, along with other relevant organizations, to help facilitate and financially support the protected-area financing roundtables referred to in paragraph 18 (a) above in accordance with their mandates;

21. Invites international and regional development banks to ensure coherence among their respective institutional policies and improve guidelines related to biodiversity conservation and/or sustainable use in investment projects that affect sustainability of protected areas. Such policies should allow for the full and effective participation and prior informed consent of indigenous and local communities.

22. Invites the Global Environment Facility:

(a) To support early‑action activities of the programme of work, taking into account the identified national needs at a scale to sufficiently support developing countries, particularly the least developed and small island developing States, and countries with economies in transition;

(b) To support national and regional systems of protected areas taking into account the targets and timetables in the programme of work;

(c) To maintain the proportion of funding for protected areas in the biodiversity envelope of the Global Environment Facility in the GEF‑4 business plan, taking into account the goals and targets in the programme of work and the Facility’s niche in providing system-wide protected-areas support;

(d) To review and revise, as appropriate, its protected areas’ policies in relation to indigenous and local communities; and

(e) To support community conserved areas, ensuring the immediate, full and effective participation of indigenous peoples and local communities in the development of relevant activities;

23. Invites the Implementing Agencies of the Global Environment Facility to treat requests for access to funding for the projects mentioned in 22 (a) and (b) above in an expeditious manner;

24. Urges donor countries:

(a) To support a strong fourth replenishment for the Global Environment Facility, taking into account the goals and targets in the programme of work and the need for new and additional funding to support this work in developing countries, particularly the least developed and small island developing States among them, as well as countries with economies in transition;

(b) To provide enhanced support for conservation endowment funds and other long-term financing mechanisms, such as debt-for-nature swaps, that have proven to be particularly successful in supporting recurrent protected area management costs;

(c) To take reasonable steps to identify opportunities to enhance poverty reduction and biodiversity conservation co-benefits in Official Development Assistance programmes; and

(d) To support projects aimed at long-term financing plans of protected-area systems;

25. Recognizes that the programme of work on protected areas could benefit from coordinated support by major donor agencies and relevant non-governmental organizations aimed at better coordination and improvement of efficiency and effectiveness of financial and technical support taking into account the Paris Declaration on Aid Effectiveness.

26. Urges Parties to give due consideration to conservation of biodiversity in their national development strategies, including Poverty Reduction Strategies, with a view to maximizing the mobilization of funding for the implementation of the programme of work on protected areas;

27. Encourages continued contributions by international non-governmental organizations, private foundations and private sector in the framework of national priorities:

(a) To provide developing countries, particularly the least developed and small island developing States, and countries with economies in transition, financial and technical support to implement the programme of work;

(b) To support the design and implementation of capacity‑building programmes on financing plans for protected area managers in developing countries; including through such partnerships as the Conservation Finance Alliance and the IUCN World Commission on Protected Areas;

(c) To provide targeted financial support to conservation and sustainable use of biodiversity initiatives of indigenous and local communities, including capacity-building activities, to promote the implementation of the programme of work; and

(d) To develop partnership initiatives and institutional arrangements for financing the implementation of the programme of work;

28. Requests the Executive Secretary:

(a) To make existing conservation-finance tools available through the clearing-house mechanism and other means;

(b) To organize, subject to the availability of financial resources, regional workshops on ways and means to make full use of currently available sustainable-funding tools;

(c) To explore options and to report to the Ad Hoc Open-ended Working Group on Protected Areas at its second meeting on new innovative international finance mechanisms to support the programme of work in order to develop recommendations for the consideration of the Conference of the Parties at its ninth meeting;

Further development of tool kits for the identification, designation, management, monitoring and evaluation of national and regional systems of protected areas

29. Invites Parties and other Governments to use the toolkits for the identification, designation, management, monitoring and evaluation of national and regional systems of protected areas as appropriate in the implementation of the programme of work on protected areas;

30. Urges Parties, other Governments, funding and other relevant organizations to support, in accordance with demand identified by seeking inputs from potential users of toolkits, a “Tools Outreach Programme”, including in accordance with paragraph 27 of decision VII/28, national and regional-level training workshops organized around key themes in the programme of work on protected areas, with initial focus on early actions in the programme of work;

31. Encourages Parties to adapt and translate relevant tools into national and local languages so that they can be used effectively;

32. Urges Parties, other Governments, funding and other relevant organizations to provide adequate financial resources and other support for the development of tool kits according to identified gaps and demand, including for toolkits at the local level, in local languages, and those developed or used by indigenous and local communities;

33. Urges Parties, other Governments, funding and other relevant organizations to provide adequate financial resources and other support for workshops to focus on the use and further development of available toolkits, in particular in relation to co-managed protected areas and community-conserved areas, and to ensure the full and effective participation of indigenous and local communities in this activity;

34. Recognizes the need for the continued improvement of the toolkits in cooperation with relevant partners, including indigenous and local communities, in order to fill existing gaps and achieve better usability;

Options for cooperation for the establishment of marine protected areas in marine areas beyond the limits of national jurisdiction

Recognizing the United Nations General Assembly’s central role in addressing issues relating to the conservation and sustainable use of biodiversity in marine areas beyond national jurisdiction,

Recalling that United Nations General Assembly resolution 60/30 emphasized the universal and unified character of the United Nations Convention on the Law of the Sea, and reaffirmed that the United Nations Convention on the Law of the Sea sets out the legal framework within which all activities in the oceans and seas must be carried out, and that its integrity needs to be maintained, as recognized also by the United Nations Conference on Environment and Development in chapter 17 of Agenda 21,

Also recalling the World Summit on Sustainable Development goals to maintain the productivity and biodiversity of important and vulnerable marine and coastal areas, including in areas beyond national jurisdiction, and to develop and facilitate the use of diverse approaches and tools, including the ecosystem approach, the elimination of destructive fishing practices, the establishment of marine protected areas consistent with international law and based on scientific information, including representative networks by 2012 and time/area closures for the protection of nursery grounds and periods, proper coastal land use; and watershed planning and the integration of marine and coastal areas management into key sectors; and further recalling paragraph 75 of United Nations General Assembly resolution 60/22,

35. Aware of a range of threats to marine biodiversity beyond national jurisdiction, in particular to seamounts, cold water coral reefs and hydrothermal vents, expresses its deep concern over the range of threats, among these the impact of destructive fishing practices, including bottom trawling that has adverse impacts on vulnerable marine ecosystems, beyond national jurisdiction, and illegal, unreported and unregulated fishing, which is a significant threat to marine ecosystems and biodiversity;

36. Renewing its call contained in paragraphs 60–62 of decision VII/5, urges Parties and other Governments to take urgent action to implement paragraphs 66-69 of General Assembly resolution 59/25;

37. Urges Parties and other Governments to fully cooperate in the preparation of the report of the Secretary General of the United Nations on the urgent action undertaken to give effect to paragraphs 66-69 of General Assembly resolution 59/25, in order to allow for an effective determination by the United Nations General Assembly at its sixty-first session, in line with paragraph 71 of resolution 59/25, of the adequacy of actions taken, and further urges Parties and other Governments to take full account of the outcome of this review exercise by making further recommendations, at United Nations General Assembly at its sixty-first session, taking into account the precautionary‑approach provisions contained in the United Nations Fish Stocks Agreement, the Code of Conduct for Responsible Fisheries of the Food and Agriculture Organization of the United Nations and developed under the Convention on Biological Diversity;

38. Recognizes that marine protected areas are one of the essential tools to help achieve conservation and sustainable use of biodiversity in marine areas beyond the limits of national jurisdiction, and that they should be considered as part of a wider management framework consisting of a range of appropriate tools, consistent with international law and in the context of best available scientific information, the precautionary approach and ecosystem approach; and that application of tools beyond and within national jurisdiction need to be coherent, compatible and complementary and without prejudice to the rights and obligations of coastal States under international law;

39. Recognizes that there is a need to achieve a more integrated approach to establishing and managing marine protected areas beyond national jurisdiction, consistent with the ecosystem approach;

40. Notes the work and the report of the Ad Hoc Informal Open-ended Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction established by the General Assembly, which met in New York from 13 to 17 February 2006, and further notes possible options and approaches identified in the summary of trends prepared by the Co-Chairpersons of the Ad Hoc Open-ended Informal Working Group and contained in annex I to the report of the Working Group, in particular for establishing marine protected areas in areas beyond national jurisdiction, including assessing the need for an implementing agreement under the United Nations Convention on the Law of the Sea;

41. Invites the General Assembly to decide, at its sixty-first session, to establish a timely follow-up process, taking into consideration the report mentioned in paragraph 40 above, for the enhanced conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, encourages Parties and other Governments to actively participate in this process, and requests the Executive Secretary, to continue to provide relevant input to the Convention on Biological Diversity into this process;

42. Recognizes that the Convention on Biological Diversity has a key role in supporting the work of the General Assembly with regard to marine protected areas beyond national jurisdiction, by focusing on provision of scientific and, as appropriate, technical information and advice relating to marine biological diversity, the application of the ecosystem approach and the precautionary approach, and in delivering the 2010 target;

43. Agrees to consider at its ninth meeting, progress with the work identified in its decisions relating to conservation and sustainable use of marine biodiversity beyond national jurisdiction, including marine protected areas, and consider further supporting actions as appropriate, that may be required in the context of paragraph 42 above in cooperation with competent international organizations;

44. Requests the Executive Secretary to work actively with, and to take into account scientific information available from, the range of relevant expertise available in governmental, intergovernmental, non-governmental, regional and scientific institutions, expert scientific processes and workshops, and, indigenous and local communities, where appropriate, to:

(a) Synthesize, with peer review, the best available scientific studies on priority areas for biodiversity conservation in marine areas beyond national jurisdiction, including information on status, trends and threats to biodiversity of these areas as well as distribution of seamounts, cold water coral reefs and other ecosystems, their functioning and the ecology of associated species, and to disseminate this through the clearing-house mechanism;

(b) Refine, consolidate and, where necessary, develop further scientific and ecological criteria for the identification of marine areas in need of protection, and biogeographical and other ecological classification systems, drawing on expertise and experience at the national and regional scale;

(c) Collaborate in the further development of spatial databases containing information on marine areas beyond the limits of national jurisdiction, including the distribution of habitats and species, in particular rare or fragile ecosystems, as well as the habitats of depleted, threatened or endangered species, and data on national and regional marine protected areas and networks;

(d) As appropriate, facilitate work relating to scientific issues, including those raised in annex II of the report of the Ad Hoc Informal Open-ended Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction;

(e) Collate information concerning customary use of biological resources in accordance with traditional cultural practices that are compatible with the conservation and sustainable use of biological diversity in marine areas beyond the limits of national jurisdiction;

45. Urges Parties and other Governments to undertake and actively promote scientific research and information exchange, and to cooperate with the Executive Secretary on the activities proposed in paragraph 44 above;

46. Recalling paragraph 75 of General Assembly resolution 60/30 and paragraph 31 of decision VII/5, and in light of paragraph 44 (b) above, decides to convene a scientific expert workshop, with the terms of reference contained in annex II to the present decision, and requests the Executive Secretary to provide the results of this workshop to the Subsidiary Body on Scientific, Technical and Technological Advice prior to the ninth meeting of the Conference of the Parties, as well as to the Secretary-General of the United Nations for the purpose of informing the process under the General Assembly of the United Nations, referred to in paragraph 41 above;

47. Welcomes the offer by Portugal to host the workshop mentioned in paragraph 46 above, in 2007.

Annex I

PROVISIONAL AGENDA FOR THE SECOND MEETING OF THE AD HOC OPEN-ENDED WORKING GROUP ON PROTECTED AREAS

1. Opening of the meeting.

2. Organizational matters:

2.1. Election of officers;

2.2. Adoption of the agenda;

2.3. Organization of work.

3. Substantive issues:

3.1 Review of implementation of the programme of work:

3.1.1. Assessment of progress made in implementation;

3.1.2. Obstacles encountered during the implementation of the programme of work on protected areas and ways and means to overcome them;

3.1.3 Progress report by the Secretariat on refinement and consolidation of scientific criteria for the identification of marine areas in need of protection and on compilation of biogeographical and other ecological classification system;

3.2 Exploration options for mobilizing, as a matter of urgency, through different mechanisms adequate and timely financial resources for the implementation of the programme of work:

3.2.1 Consideration of financial needs assessments;

3.2.2 Options on innovative financing mechanisms;

3.2.3 Options on innovative mechanisms to develop public/private partnerships;

3.2.4 Coordination of technical and financial support to improve efficiency and effectiveness.

4. Other matters.

5. Adoption of the report.

6. Closure of the meeting.

Annex II

TERMS OF REFERENCE FOR EXPERT WORKSHOP ON ECOLOGICAL CRITERIA AND BIOGEOGRAPHIC CLASSIFICATION SYSTEMS

1. Refine and develop a consolidated set of scientific criteria for identifying ecologically or biologically significant marine areas in need of protection, in open ocean waters and deep sea habitats, building upon existing sets of criteria used nationally, regionally and globally;

2. Compile biogeographical and ecological classification systems for delineating ocean regions and ecosystems, building on existing broad classification systems, and including more detailed subregional classification systems where they exist in a nested approach, and initiate future development by making recommendations for further work to fill gaps;

3. Compile a consolidated set of scientific criteria for representative networks of marine protected areas, including in open ocean waters and deep sea habitats.

Inputs

4. The workshop would build on the information made available by the Executive Secretary further to paragraph 44 (b) of decision VIII/24 of the Conference of the Parties and other relevant information.

Outputs

5. The Expert Group will report its findings to SBSTTA, including by providing advice to Parties on actions to advance the implementation and use of scientific and ecological criteria and biogeographic classification systems prior to the ninth meeting of the Conference of the Parties, and its report will be transmitted by the Executive Secretary to the Secretary General of the United Nations for the purpose of informing the process under the General Assembly of the United Nations referred to in paragraph 41 of decision VIII/24 of the Conference of the Parties to the Convention on Biological Diversity.

6. Participation will be regionally balanced, and across the relevant organizations mentioned in the chapeau of paragraph 44 of decision VIII/24.