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Transformative Initiatives in Biodiversity Mainstreaming and Financing CBD COP 12, 16 October 2014 Fabiano de Andrade Correa, IDLO Building Legal Preparedness for Biodiversity Targets: why law matters for success Slide 2 IDLO: rule of law and a culture of justice for sustainable development. Legal preparedness: assessment of legal frameworks; development of action plans; building capacity of governments and empowering people Countries need tailored legal solutions to biodiversity issues, and in- country legal expertise is key: need to mainstream biodiversity laws. Legal Preparedness for Achieving the Aichi Targets: quick overview Slide 3 Program Mission and Activities Objective: To foster global collaborations to define innovative legal solutions and build national legal capacity that can catalyze national efforts to achieve the CBD SP and AT Target Beneficiaries: National legal community across sectors, CBD focal points and officers, and governments, communities, business Main outputs: Build up a global network of biodiversity lawyers Generating new knowledge on innovative legal solutions Developing practical toolkits on legal preparedness processes Building capacity of lawyers through peer to peer sharing and global networks Next steps: undertaking country programs to build country tailored legal solutions to achieve biodiversity targets Launched in 2012 by the IDLO and CBD Secretariat Slide 4 What have we done? Scoping knowledge on the Targets > Launch by IDLO and CBD Secretariat, with support from JBF > Studies by national researchers on promising biodiversity laws (CISDL) Building guidance and capacity of national lawyers > Toolkit on T16 and T3/T11/T14 > Capacity building course on building legal frameworks for the NP/T16 > Piloting for global forum of biodiversity lawyers 2012 2013 Focusing on key challenges and building partnerships > Focus on Nagoya Protocol (T16), Biodiversity Incentives (T3) and Protected Areas (T11) - scoping papers, country studies > New partnerships with JBF, Swiss FOEN, ABS Capacity Development Initiative, IUCN ELC, Natural Justice and network of national lawyers 2014 Country programs 2015 Slide 5 What have we learned? Law can make an effective contribution to biodiversity through: The creation, implementation and enforcement of strong legal frameworks that can mainstream biodiversity and translate international biodiversity goals to national priorities and mechanisms; (e.g. different laws on impact assessment, Japan NBSAP law, Peru PES law, US laws on Bos) The establishment and proper functioning of responsive and accountable institutions at all levels; (e.g. Mexicos CONABIO, India Biodiversity Act) The empowerment of communities and businesses, especially the most vulnerable and marginalized groups, to benefit from the opportunities arising from biodiversity, and to uphold their rights related to the environment and sustainable economic development. (e.g. Cameroon Forest Act 1994, Namibias Nature Conservancy Act, Perus TK regime) Slide 6 What have we learned? No one-size fits all legal solution exists > Countries are building legal frameworks with a mix of legal and non-legal instruments (legislation, regulations, administrative, policy, negotiated rule-making) Cross-sectoral sustainable development laws are needed that go beyond traditional environmental laws. > Effective legal frameworks comprise of a mix of legal instruments related to intellectual property, tax law, land use planning, environment, agriculture, forestry, indigenous & human rights, access to information, health, commercial law, contract law Success is being achieved by careful selection of the legal framework tailored to country context and adaptation though learning-by-doing. > The choice of legal instrument depends on the several country-specific factors purpose, risk, flexibility, capacity. Legal Preparedness can be key to meet biodiversity challenges. Slide 7 Common challenges: Legal uncertainty: blockage for uptake incentives and businesses Implementation and enforcement: law in practice x law on paper Capacity of stakeholders/institutions: ability to mainstream biodiversity and be accountable Need for legal reform: challenge of undertaking a comprehensive process and mainstreaming What have we learned? Slide 8 IDLO: Different way of legal reform Developed methodology of legal preparedness used across sectors Benefits: Focus on equitable, sustainable and effective outcomes No one size fits all: need for tailored approach Lawyers need to know tools available and how/when to use tools to bring transformational change Success often achieved by learning by doing: national legal capacity is key and needs to be built, not only legal assistance provided externally What can be done? Slide 9 Carolin e Haywo od Assess the current legal framework Include Stakeholders in the process Select appropriate legal instruments Implement the legal framework A national legal roadmap 1234 How can we change the way we make biodiversity laws? Commit to building legal preparedness the development of country-tailored legal frameworks by a team of national lawyers linked to global expert networks Slide 10 Only by knowing where we start, can we effectively get to where we want to be. Assess the current legal framework Step 1 --- Step 2 --- Step 3 --- Step 4 There is a dedicated law for the particular issues measures are embedded within broader environmental laws or other pieces of legislation There is no legal framework for the particular issue Situation 1Situation 2 Situation 3 Slide 11 Stakeholder Engagement Step 1 --- Step 2 --- Step 3 --- Step 4 National Biodiversity Strategy and Action Plans (NBSAP) National development planning documents National budget documents Most influential Most affected Synergies b/w stakeholders Potential conflicts Step 1: Identify stakeholders Who should be involved? Step 2: Identify current stakeholder engagement processes What types of policies, regulations, finance and governance systems are already in place? Step 3: Prioritize stakeholders involvement Identify the importance of each stakeholder group, against different criteria Slide 12 Regulations Administrative measures Policy measures Formal Informal Legislation Regulatory Requirements Negotiated rule-making and co- management Selecting Legal Instruments Step 1 --- Step 2 --- Step 3 --- Step 4 How to select the most appropriate legal instrument(s)? Slide 13 Selecting Legal Instruments Step 1 --- Step 2 --- Step 3 --- Step 4 Purpose National interest Change behavior Flexibility Ability to address changing requirements Risk High risk outcomes = prescriptive laws Capacity Human Financial Institutional Select categories and considerations of national interest Slide 14 Effective implementation = Capacity building + Legal empowerment + Monitoring, review and verification + Active assessment of the success of ABS legal reform Implementing Legal Reform Step 1 --- Step 2 --- Step 3 --- Step 4 Slide 15 SUMMARY STEP 1: Assess the current legal framework 1. Identify your country situation 2. Gap Analysis STEP 2: Include stakeholders in the legal process 1.Stakeholder identification 2.Stakeholder prioritization 3.Legal measures to codify stakeholder engagement STEP 3: Select appropriate legal instruments 1.Identify different legal instruments 2.Match country settings to legal instruments STEP 4: Implement the legal framework 1.Disseminate information and build capacity 2.Establish an assessment framework to measure success Slide 16 Next steps building up from the foundation Nagoya Protocol Country studies - Peru Law No. 27811, 2002 (TK) - Philippines, Administrative Order No. 1, 2005 - EU Regulation 2014 More Mainstreaming & Economics Country studies - Brazil ICMS Ecologico 1991 - U.S. Clean Water Act & Army Corps of Engineer Regulation More PAs and OECMs Country studies - Fiji Islands, iTaukei Act and iTaukei Lands Trust Act - South Korea, Baekdudaegan Protection Act, 2003 More Scoping Paper T16 Scoping Paper T3 Scoping Paper T11/14 Toolkit T16 (2014) Toolkit T3, 11, 14 (2014) Capacity Building Course Slide 17 Thank you!