Lim Li Ching, Third World Network
The resumed COP16 will largely focus on resource mobilization, discussions which were suspended in Cali, due to lack of quorum. The most contentious issue was about the establishment (or otherwise) of a dedicated global biodiversity fund.
Many developing countries called for a dedicated biodiversity fund, under the authority of the COP, in accordance with Article 21. The GEF is the interim financial mechanism, but there are issues that make it inequitable and difficult for developing countries and rights holders to access funds.
Criteria fundamental to the design of a dedicated instrument are:
1. Equity and common but differentiated responsibilities: While it has been agreed that any new instrument would mobilize resources from all sources, the basic obligations in Article 20 (developed country Parties provide financial resources to developing country Parties) remain.
2. Consistency with the objectives, principles and provisions of the Convention and its Protocols: This also means the channelling of financial resources to meet all three objectives of the Convention in a balanced manner.
3. Consistency with the KMGBF: In particular, consistency with the KMGBF’s human rights-based, gender-equality and gender-responsive approach. In practice, this means that projects/programmes must do no harm to rights holders.
4. Under the authority of, and accountable to, the COP: CBD Parties to determine the policies, strategies, priorities, eligibility criteria, etc. and provide policy oversight and guidance. The trustee should also be accountable to and comply with decisions of the governing body.
5. Governance arrangements that are equitable and representative: There needs to be equitable and geographically representa;ve membership on the governing body, while ensuring that particular groups, such as SIDS and LDCs, are equitably represented. There must also be full, effective and equitable participation of indigenous peoples, local communities, women and youth.
6. New, additional, predictable, adequate, and timely financing: In accordance with Article 20, financial resources provided to developing countries must be “new”, i.e. must not have been previously pledged or allocated, and “additional”, i.e. not double counted towards ODA or other commitments. The fund should not be voluntary in nature.
7. Eligibility of all developing country Parties to receive funds: Any attempt to formally narrow the category of countries eligible for financing, or to create new eligibility categories between developing countries, runs counter to the Convention.
8. No further burden on developing countries: There should be no burden-shifting from developed to developing countries. Funding should be on a grant or concessional basis, with grants being the preferred mode. Financial resources provided should be non-debt creating.
9. Easily accessible, including direct access modalities: Simple, easy accessibility and streamlined modalities
would improve efficiency and effectiveness. Direct access, whereby funds are channelled directly to national recipients, rather than mediated through other entities, is important. Indigenous peoples, local communi;es, women and youth should also be able to access and receive funds directly.
10. Fair and direct allocation of resources: Guiding principles are cooperation and facilitation, not competition. A percentage allocation of resources should be disbursed to indigenous peoples, local communities, women and youth.12. Robust safeguards, grievance and redress mechanisms: implementation of human rights, environmental and social safeguards, and grievance and redress mechanisms, will help prevent, mitigate and remedy harms.
11. Earmarked provision of financial resources for collective action, Mother-Earth centric actions, and
non-market-based approaches: These elements of Target 19(f) are critically important to protecting biodiversity, yet amounts directed to these efforts are still low.
12. Robust safeguards, grievance and redress mechanisms: implementation of human rights, environmental and social safeguards, and grievance and redress mechanisms, will help prevent, mitigate and remedy harms.
Equally important would be an intersessional process to further discussions on the criteria, modalities and operationalization of funding arrangements. Whether COP16 successfully concludes is dependent on Parties agreeing on these issues.