8th Conference of the Parties to the Convention on the Conservation 
of Migratory Species of Wild Animals  -  Issue #2 

EARTH NEGOTIATIONS BULLETIN <[EMAIL PROTECTED]>
PUBLISHED BY THE INTERNATIONAL INSTITUTE FOR 
SUSTAINABLE DEVELOPMENT (IISD) <http://www.iisd.org>

Written and edited by:

Karen Alvarenga de Oliveira, Ph.D. 
Nienke Beintema 
Leonie Gordon 
Elisa Morgera 

Editor:

Pamela S. Chasek, Ph.D. <[EMAIL PROTECTED]>

Director of IISD Reporting Services:

Langston James "Kimo" Goree VI <[EMAIL PROTECTED]>


Vol. 18 No. 23
Tuesday, 22 November 2005

Online at http://www.iisd.ca/cms/cop8/ 

CMS COP-8 HIGHLIGHTS: 

MONDAY, 21 NOVEMBER 2005 

On Monday, 21 November, delegates to the eighth Conference of the 
Parties (COP-8) to the Convention on Migratory Species (CMS) met 
in plenary throughout the day to hear welcoming remarks and 
consider administrative matters, reports and draft resolutions on 
the 2010 biodiversity target and on sustainable use. A working 
group met in the evening to further consider the draft resolution 
on sustainable use.

PLENARY

Addressing the plenary through a video message, Klaus Töpfer, UNEP 
Executive Director, stressed the increasing relevance of CMS in 
light of the impacts of climate change on migratory species and 
the recent avian influenza outbreaks. He recommended linking 
migratory species conservation with human health, sustainable 
economic growth and poverty reduction considerations, in 
accordance with the Millennium Development Goals (MDGs). He 
supported CMS efforts in providing scientific information on 
migratory birds, particularly on avian influenza, and in 
establishing partnerships with the private sector.

Noting that the Convention is at a crucial point in its history, 
Robert Hepworth, CMS Executive Secretary, highlighted the 
importance of the COP’s guidance on species listings, new 
agreements, the CMS strategic plan and resources to achieve the 
2010 target.

ADMINISTRATIVE MATTERS: Rules of Procedure: The Secretariat 
introduced the Provisional Rules of Procedure 
(UNEP/CMS/Conf.8.4/rev.2 and Corr.), drawing attention to the new 
rule 12, which requires that submissions of proposed resolutions 
and recommendations by parties be communicated to the Secretariat 
at least 60 days before a COP. On rule 15, which makes parties 
ineligible to vote when contributions are in arrears, he invited 
concerned parties to provide during COP-8 written evidence of 
payments in progress. COP-8 adopted the rules, with NORWAY noting 
that a party should not be excluded from voting when exceptional 
and unavoidable circumstances delay payments.

Election of officers: Plenary elected Patrick Van Klaveren 
(Monaco) as COP-8 Chair, Rolph Payet (Seychelles) as Chair of the 
Committee of the Whole (COW) and COP-8 Vice-Chair, and Roberto 
Schlatter (Chile) as COW Vice-Chair. Latvia, Niger, Peru, Morocco, 
and Australia were appointed as members of the Credentials 
Committee.

Other administrative matters: The plenary adopted the agenda and 
work schedule (UNEP/CMS/Conf.8.1, 8.1.Add.1 and 8.2) without 
amendment, and admitted as observers the Scientific Council 
experts, intergovernmental and non-governmental organizations, and 
one private sector participant.

REPORTS: Secretariat: Presenting its report (UNEP/CMS/Conf.8.3 and 
8.17), the Secretariat emphasized that: the MOU on the Houbara 
bustard is expected to be concluded during COP-8; several new MOUs 
are under development; and the possible development of legally 
binding agreements on the Central Asian Flyway and on gorillas has 
not been agreed upon. He also highlighted: projects on the 
Siberian crane, Sahelo-Saharan antelopes, and small-scale research 
and conservation; the establishment of the “Friends of CMS” as a 
non-profit association targeting the private sector in Germany as 
part of the fund-raising strategy; and growing CMS membership, 
with Samoa becoming the ninety-third party to the Convention in 
November 2005, and others being expected to join before the end of 
the year.

Standing Committee: Martin Brasher, CMS Standing Committee Chair, 
reported on the Committee’s activities since COP-7 
(UNEP/CMS/Inf.8.6), highlighting the intersessional working group 
established for presenting options to address financial issues, 
including the development of budget scenarios. He underscored the 
Committee’s support for fundraising in the private sector, and the 
importance of the new strategic plan for achieving the 2010 target. 

Scientific Council: Colin Galbraith, CMS Scientific Council Chair, 
reported on the work of the Council (UNEP/CMS/Inf.8.5), focusing 
on the review of the CMS strategic plan, species listing 
proposals, and draft resolutions and recommendations for COP-8’s 
consideration. He underscored the importance of: underpinning 
actions with scientific findings; linking the Council’s work with 
that of other conventions’ scientific bodies; and securing further 
funding for CMS.

Agreements: The Agreement Secretariats presented their respective 
reports (UNEP/CMS/Inf. 8.4.1 to 4). AEWA highlighted the positive 
outcomes of its recent Meeting of the Parties (MOP), and 
activities surrounding its 10th anniversary. ACAP reported the 
Agreement had recently entered into force, held its first MOP, and 
initiated various activities. ACCOBAMS noted its expanding 
membership and recent activities including monitoring, awareness 
raising and capacity building. EUROBATS highlighted its 
contribution to the possible establishment of a new instrument 
focusing on African bats. The IOSEA Marine Turtles MOU reported on 
growing membership and activities, stressing the development of an 
online reporting facility, an interactive mapping system and 
cooperation with FAO to monitor by-catch.

States: GERMANY, as depositary and host government, reported on 
the signing of a new host country agreement with CMS, and on his 
contribution to the “Friends of CMS.” AUSTRIA noted its commitment 
to the Great bustard MOU. COTE D’IVOIRE stressed the important 
contribution of regional and subregional initiatives to protecting 
migratory species and reaching the 2010 target. SAMOA stressed the 
vulnerability of small island developing states (SIDS) and 
expressed hope that its recent ratification would facilitate 
technical, scientific and financial cooperation. HAITI emphasized 
protection of marine mammals by SIDS. Identifying CMS as an ideal 
umbrella for coordinated action, SEYCHELLES voiced its dedication 
to sustainable resource use. ERITREA pledged to sign the IOSEA 
Marine Turtles MOU during COP-8. ALGERIA and IRAN affirmed their 
intention to join CMS by the end of 2005, and ARMENIA in 2006. 
CUBA reported on its advanced stage in joining CMS, while HONDURAS 
underscored the benefits of acceding to CMS, including poverty 
reduction. COSTA RICA noted serious financial constraints with 
regard to biodiversity protection, and highlighted the development 
of a national marine conservation strategy. ANTIGUA AND BARBUDA 
highlighted the noticeable effects of climate change on SIDS and 
their biodiversity.

Partners: Bakary Kante, UNEP/DEC Director, reported on UNEP’s 
collaboration with CMS, highlighting initiatives on MDGs and 
multilateral environmental agreements (MEAs), and on pro-poor 
markets for ecosystem services within the framework of MEAs. CBD, 
on behalf of the BIODIVERSITY LIAISON GROUP, said the group had 
met four times since 2004 to coordinate actions towards achieving 
the 2010 target. He underscored the importance of information 
exchange among, and awareness raising about, biodiversity-related 
conventions, and advocated the ecosystem approach. The CONVENTION 
FOR THE PROTECTION AND DEVELOPMENT OF THE MARINE ENVIRONMENT OF 
THE WIDER CARIBBEAN REGION looked forward to a higher degree of 
integration and cooperation with CMS on the basis of the new 
Memorandum of Cooperation signed at COP-8. WWF stressed that 
by-catch is one of the most perverse threats for marine 
biodiversity. The WORLD ASSOCIATION OF ZOOS AND AQUARIUMS wished 
to intensify its cooperation with CMS. IUCN highlighted its 
Memorandum of Cooperation with CMS.

2010 BIODIVERSITY TARGET: The Secretariat reported on CMS 
activities related to the 2010 target (UNEP/CMS/Conf.8.6/Rev.1 and 
Inf.8.22), emphasizing that the target is a cross-cutting issue on 
several agenda items and that the proposed resolution 
(UNEP/CMS/Res.8.7) focused particularly on the development of 
indicators to assess CMS contribution to the achievement of the 
2010 target, and synergies with other frameworks and bodies. Chair 
Van Klaveren regretted the limited scope of the resolution. 
BIRDLIFE INTERNATIONAL requested to be mentioned among the 
partners for the development of a migratory species index in the 
context of the Living Planet Index (LPI). The Secretariat noted 
that the Scientific Council proposed amendments to allow 
consideration of other indicators under development, in addition 
to the LPI ones. FRANCE proposed inserting a request to the 
Secretariat to report to COP-9 on this item.

SUSTAINABLE USE: The Secretariat presented a draft resolution 
calling for the adoption and application of the Addis Ababa 
Principles and Guidelines on the Sustainable Use of Biodiversity 
(AAPGs) (UNEP/CMS/Conf.8.8 and Res.8.1). She recalled that the 
Standing Committee advised the COP that AAPGs were in conflict 
with the CMS principles, which prioritize the protection of 
threatened species. She noted the lack of a definition of 
“indigenous subsistence use” in the context of AAPGs. Scientific 
Council Chair Galbraith clarified that discussions on this topic 
went beyond scientific issues. Calling for a practical and 
constructive approach and for a suitable mechanism to overcome the 
“tragedy of the commons,” the UK, on behalf of the European Union 
(EU), supported the adoption of AAPGs, and suggested their 
precautionary testing and further development. The NETHERLANDS 
stressed the relationship between sustainable use and the 
ecosystem approach as applied by CBD, advocating the application 
of both. Rather than “adopting” AAPGs, AUSTRALIA, supported by 
SENEGAL, INDIA and NEW ZEALAND, preferred “encouraging their use 
as appropriate,” since not all AAPGs are applicable in the CMS 
context. The WHALE AND DOLPHIN CONSERVATION SOCIETY (WDCS) 
cautioned against the use of AAPGs with regard to marine animals. 
GERMANY favored adoption of AAPGs from the CMS perspective. KENYA 
stressed the importance of agreeing on sustainable use practices. 
Noting that criteria for sustainable use differ among countries, 
he called for the equitable sharing of benefits among range 
states. Concerned about financial implications, TANZANIA suggested 
that the CMS-CBD joint work programme implement AAPGs, with the 
possibility of accessing GEF resources. The INTERNATIONAL FUND FOR 
ANIMAL WELFARE (IFAW) identified several legal obstacles in 
applying AAPGs to CMS. IUCN favored the application of AAPGs to 
CMS, stressing that they are not intended to be binding or 
universal. Chair Van Klaveren established a working group to 
discuss the issue further.

WORKING GROUP

The working group on sustainable use, chaired by Ian McLean (UK), 
met in the evening. Delegates broadly supported AAPGs in the 
context of CBD; however they discussed whether in the CMS context 
these Principles could be perceived as an encouragement of 
consumptive use of migratory species. Delegates also debated 
whether AAPGs may nevertheless provide a useful framework for 
assessing the use of CMS species, including non-consumptive use, 
such as ecotourism. The working group considered options for an 
alternative resolution, such as: requesting the Scientific Council 
to consider the compatibility of AAPGs with CMS, while taking into 
account case studies; recognizing the adoption of AAPGs in other 
fora; and/or inviting CITES and CBD, when analyzing case studies, 
to consult with CMS for its specific expertise on migratory 
species. The working group will reconvene on Tuesday. 

IN THE CORRIDORS

The first spark of disagreement at COP-8 was set by the draft 
resolution on sustainable use, with the proposed adoption of the 
Addis Ababa Principles (AAPGs) dividing delegates on both legal 
and policy grounds. Some believed that AAPGs could be applied to 
CMS without controversy, because the Convention already considers 
traditional subsistence use of migratory species, and because 
AAPGs could be a tool to address the root causes of migratory 
species loss. Several delegates, however, opposed the “migration” 
of AAPGs, a tool developed under the CBD, to CMS, a separate 
treaty specifically devoted to species conservation. Some 
participants were also worried that a COP resolution may encourage 
consumptive use of migratory species, or even render binding, for 
CMS parties, guidelines that are voluntary for CBD parties. 
Considering the amount of discord surrounding this topic, one 
delegate wondered how much energy will be applied when discussing 
other, perhaps more prominent issues, such as the future CMS 
strategic plan and the budget.




This issue of the Earth Negotiations Bulletin © <[EMAIL PROTECTED]> is 
written and edited by Karen Alvarenga de Oliveira, Ph.D., Nienke 
Beintema, Leonie Gordon, and Elisa Morgera. The Digital Editor is 
Dan Birchall. The Editor is Pamela S. Chasek, Ph.D. <[EMAIL PROTECTED]> 
and the Director of IISD Reporting Services is Langston James 
“Kimo” Goree VI <[EMAIL PROTECTED]>. The Sustaining Donors of the 
Bulletin are the Government of the United States of America 
(through the Department of State Bureau of Oceans and 
International Environmental and Scientific Affairs), the 
Government of Canada (through CIDA), the Swiss Agency for 
Environment, Forests and Landscape (SAEFL), the United Kingdom 
(through the Department for International Development - DFID), the 
Danish Ministry of Foreign Affairs, the Government of Germany 
(through the German Federal Ministry of Environment - BMU, and the 
German Federal Ministry of Development Cooperation - BMZ), the 
Netherlands Ministry of Foreign Affairs, the European Commission 
(DG-ENV), and the Italian Ministry of Environment. General Support 
for the Bulletin during 2005 is provided by the United Nations 
Environment Programme (UNEP), the Government of Australia, the 
Austrian Federal Ministry of Agriculture, Forestry, Environment 
and Water Management, the Ministry of Sustainable Development and 
the Ministry of Foreign Affairs of Sweden, the Ministry of 
Environment and the Ministry of Foreign Affairs of Norway, the 
Ministry of Environment and the Ministry of Foreign Affairs of 
Finland, SWAN International, the Japanese Ministry of Environment 
(through the Institute for Global Environmental Strategies - IGES) 
and the Japanese Ministry of Economy, Trade and Industry (through 
the Global Industrial and Social Progress Research Institute - 
GISPRI). Funding for translation of the Earth Negotiations 
Bulletin into French has been provided by the International 
Organization of the Francophonie (IOF) and the French Ministry of 
Foreign Affairs. Funding for the translation of the Earth 
Negotiations Bulletin into Spanish has been provided by the 
Ministry of Environment of Spain. The opinions expressed in the 
Earth Negotiations Bulletin are those of the authors and do not 
necessarily reflect the views of IISD or other donors. Excerpts 
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publications with appropriate academic citation. For information 
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contact the Director of IISD Reporting Services at <[EMAIL PROTECTED]>, 
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The ENB Team at CMS COP-8 can be contacted at the Press Room 
("Fishbowl") on the first floor of the Conference area in Gigiri, 
UNON, or by e-mail at <[EMAIL PROTECTED]>.

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