Transforming biodiversity governance? Indigenous peoples' contributions to the Convention on Biological Diversity

Abstract

This article reviews opportunities for, and selected outcomes of, the meaningful participation of Indigenous Peoples and local communities (IPLCs) in the processes of the Convention on Biological Diversity (CBD). Meaningful participation is understood as a collaborative process based on the recognition of IPLCs and their contribution to biodiversity management. The CBD is currently the main instrument for global biodiversity governance, enjoying almost-universal application - with the notable exception of the USA. It arguably provides the most advanced framework for the participation of IPLCs among the multilateral environmental agreements. Following a discussion of challenges regarding concepts and terminology, we provide brief overviews of IPLCs' contributions to the conservation and sustainable use of biodiversity and the evolution of the CBD framework to partially recognize these. We then focus on two case studies: the negotiation and adoption of the Nagoya Protocol on access to genetic resources and fair and equitable benefit-sharing; and the negotiation of the 2022 Kunming-Montreal Global Biodiversity Framework. On the basis of a literature review, content analysis of UN documents, and participant observation at CBD meetings, we combine legal and sociological analysis to find that early gains towards building collaborative spaces for IPLCs in CBD processes in the adoption of the Nagoya Protocol seemed to be receding in the negotiation of the Global Biodiversity Framework, until adoption of the final text which surprisingly integrated a strong rights-based approach, for the first time in the history of the CBD.