2.1 Introduction
This chapter examines the international legal framework on biodiversity, reflects on the scope of its implementation in the Middle East and North Africa (MENA) region, and highlights the way forward for enhancing coherent, holistic, and integrated implementation of biodiversity treaties in the region.
Nature and its contributions are essential to human survival due to their wide-ranging economic, social, and cultural benefits. The value of nature-derived ecosystem services is estimated at US$125–140 trillion per year.Footnote 1 These vital services include anything from provision of food, water, medicines, genetic resources, and energy, to the regulation of environmental processes such as climate change and ocean acidification and pollination, to the creation of livelihood opportunities and the facilitation of recreational, cultural, and spiritual well-being.Footnote 2 Yet the variety of nature, collectively known as “biodiversity,” faces multiple threats that continue to intensify.Footnote 3 It is no wonder that in 2023, biodiversity and ecosystem loss ranked fourth as the most severe global risk for the coming decade.Footnote 4
Biodiversity loss is one of the three contributors to the triple planetary crisis, along with climate change and pollution.Footnote 5 Human activity is a driver of this loss and it has the potential to cause permanent damage to about 75 percent and 66 percent of land- and marine-based environments, respectively.Footnote 6 Already, a record number of one million animal and plant species are threatened by extinction,Footnote 7 with wildlife populations having declined by an average of 69 percent since 1970.Footnote 8 Every year that biodiversity loss persists, the global gross domestic product drops by US$2.7 trillion.Footnote 9 Unfortunately, this loss and degradation disproportionately affects marginalized populations.Footnote 10 Of additional concern is the linkage between the degradation and the emergence of zoonotic diseases, such as the COVID-19 pandemic that wholly disrupted the world.Footnote 11
Certainly, a rich and healthy biodiversity is integral to the attainment of the 2030 Agenda for Sustainable Development. While all Sustainable Development Goals (SDGs) are connected to biodiversity, Goal 15 especially calls for the protection, restoration, and promotion of sustainable use of terrestrial ecosystems and the halting of biodiversity loss.Footnote 12 This goal is complemented by Goal 14 on marine ecosystems. The progress is falling behind expectations.Footnote 13 The 2022 SDG report notes that the risk of species extinction continues to rise, yet biodiversity was largely neglected in COVID-19 recovery spending.Footnote 14
The MENA region is not exempt from the global trends in biodiversity loss. This region boasts a wealth of terrestrial and marine habitats that include mangrove stands, productive wetlands, and endangered species such as dugongs.Footnote 15 While MENA countries have adopted numerous and varied measures to protect nature and safeguard biodiversity, more needs to be done to advance the kind of implementation required to fulfill the biodiversity-related SDGs.Footnote 16 The Fifth Global Biodiversity Outlook (GBO5) underscores the urgency for measures to slow down and end biodiversity loss for the benefit of, among other things, climate action, long-term food security, and health.Footnote 17 As Mrema, the immediate former executive secretary for the Secretariat to the Convention on Biological Diversity (CBD) rightly notes, “nature is the backbone for maintaining and restoring balance within planetary boundaries.”Footnote 18
The effective implementation of biodiversity-related international treaties is a powerful approach to responding to the biodiversity crisis. Worryingly, weak implementation and enforcement is a global trend that is exacerbating environmental threats, despite prolific growth in environmental laws and agencies worldwide over the last four decades.Footnote 19
This chapter therefore examines current progress made in implementing biodiversity and nature conservation treaties in the MENA region. The chapter is divided into five sections. After this introduction, Section 2.2 outlines the key international law instruments on biodiversity and nature conservation. Section 2.3 evaluates the MENA countries’ approach to implementation of the CBD. Section 2.4 proffers recommendations on how to advance a more coherent, holistic, and integrated implementation of biodiversity and nature conservation treaties in the MENA region, based on the Global Biodiversity Framework (GBF), and Section 2.5 conclusion.
2.2 International and Regional Framework on Biodiversity and Nature Conservation
Humankind, particularly indigenous communities, have conserved nature and biodiversity for eons, equipped by a diversity of ancient traditions and knowledge. With the advent of the agricultural and industrial revolutions in the eighteenth and nineteenth centuries, however, a concerning rise in the destruction of nature occurred. Early legal attempts to address this phenomenon were observed in the twentieth century at both national and international levels, through the enactment of frameworks such as the colonial 1933 Convention relative to the Preservation of Fauna and Flora in their Natural State.Footnote 20 Since then international environmental law has exponentially grown, albeit in an unstructured and ad hoc manner, into a distinctive complex legal system. That an international legal framework to protect biodiversity and conserve nature is needed is not in question, given the transboundary dimensions of biodiversity loss and the migratory nature of some species. The development of this framework, however, suffers a disordered trajectory attributable to the several phases of its development. As aptly put by one commentator in the 1990s: “Internationally, biodiversity law possesses [other] obstacles. Not only must it deal with the interdisciplinary challenges of biodiversity itself, but it is also stuck with the inherently diffuse and sometimes chaotic character of international law generally.”Footnote 21
Modern international biodiversity law was largely influenced by the birth of international environmental governance institutions such as the United Nations Environment Programme (UNEP),Footnote 22 in the 1970s, building on earlier frameworks such as the Food and Agriculture Organization, United Nations Educational, Scientific and Cultural Organization (UNESCO), and the International Union for Conservation of Nature (IUCN). International biodiversity law is further informed by soft law instruments, mostly emanating from famed conferences, such as the Stockholm Declaration and Action Plan for the Human Environment (1972), the World Charter for Nature (1982), Our Common Future (Brundtland Report) (1987), the Rio Declaration on Environment and Development and Agenda 21 (1992),Footnote 23 and the 2030 Agenda for Sustainable Development (2015). Early on, the international legal framework on biodiversity took a sectoral approach by focusing on the protection of specific species, for example wildlife or migratory birds. Over the years, this has shifted to a general focus on conservation as well as their natural habitats, underpinned by the concept of sustainable development.Footnote 24
As discussed in Chapter 1, when talking about the origin, scope, and sources of international biodiversity law, reference must be made to Article 38 of the International Court of Justice, which sets out the sources of international law.Footnote 25 These are primarily international conventions, whether general or particular, international custom, as evidence of a general practice accepted as law, general principles of law, and the judicial decisions and teachings of the most highly qualified publicists of the various nations as subsidiary means for the determination of rules of law. The modern international biodiversity law, like other bodies of international law, derives from these sources.Footnote 26
2.2.1 Key International Multilateral Environmental Agreements on Biodiversity and Nature Conservation
There is a multiplicity of international biodiversity and nature conservation treaties. By becoming parties to these agreements, states agree to be bound by the legal obligations therein and are expected to do so in good faith based on the Vienna Convention on the Law of Treaties (1969).Footnote 27 Biodiversity multilateral environmental agreements (MEAs) stipulate the definite rules and mechanisms to protect and conserve biodiversity and some of the key MEAs are explored in more detail in Section 2.2.1.1, with a focus on the MENA region.
2.2.1.1 Convention on International Trade in Endangered Species of Wild Fauna and Flora
The 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) entered into force in 1975.Footnote 28 It regulates international trade in endangered and threatened specimens of wild animals and plants in their natural habitats, currently protecting more than 40,900 species of animals and plants from overexploitation. CITES classifies species into three appendices based on their conservation status. Appendix I includes species that are at the highest risk of extinction. Commercial trade of these species is prohibited. Appendix II includes species that are not currently endangered but could become so without trade restrictions. Trade of these species is allowed but only with a permit from the exporting country and only if the specimens were legally obtained and the trade will not harm the species or its environment. Appendix III includes species for which a country has asked for help from other CITES parties in regulating international trade. Trade of these species is regulated through CITES export permits and certificates of origin. MENA parties to CITES are Algeria, Bahrain, Djibouti, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tunisia, Turkey, United Arab Emirates, and Yemen.Footnote 29
2.2.1.2 Convention on the Conservation of Migratory Species of Wild Animals
Also known as the Bonn Convention, the 1979 Convention on the Conservation of Migratory Species of Wild Animals (CMS) aims to conserve, and to ensure the sustainable use of, migratory animals and their habitats.Footnote 30 It entered into force in 1983, and covers a wide range of migratory animals and their habitats, which can include wetlands, forests, grasslands, marine areas, and migration routes. Appendix I of the CMS lists migratory species that are in danger of extinction throughout all or a significant portion of their range. Appendix II lists migratory species that have an unfavorable conservation status or would benefit from international cooperation to conserve them. Numerous MENA countries are party to the CMS, namely: Algeria, Bahrain, Djibouti, Egypt, Iran, Iraq, Israel, Jordan, Lebanon, Libya, Morocco, Saudi Arabia, Syria, Tunisia, United Arab Emirates, and Yemen.Footnote 31
2.2.1.3 Convention on Wetlands of International Importance Especially as Waterfowl Habitat
The 1971 Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar Convention) took effect in 1975 and aims at safeguarding, preserving, and responsibly overseeing wetlands.Footnote 32 It fosters collaboration at both national and international levels to ensure the sustainable utilization of wetlands. It has a broad definition of wetlands, including all “lakes, rivers, aquifers, swamps, marshes, wet grasslands, peatlands, oases, estuaries, deltas, tidal flats, mangroves, other coastal areas, coral reefs, and human-made sites such as fishponds, rice paddies, reservoirs, and salt pans.” The Strategic Plan is the central document directing the Ramsar Convention’s implementation. Among the contracting parties are Algeria, Bahrain, Djibouti, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Syria, Tunisia, Turkey, United Arab Emirates, and Yemen.Footnote 33
2.2.1.4 United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa
The 1994 United Nations Convention to Combat Desertification (UNCCD) took effect in December 1996.Footnote 34 Its objectives, as highlighted in Article 2, are to combat desertification and mitigate the effects of drought, through effective action at all levels, supported by international cooperation and partnership arrangements. This is reinforced by Article 4, which sets out general obligations for contracting parties, requiring them to, among other things, adopt an integrated approach addressing the physical, biological, and socio-economic aspects of desertification and drought, increase strategies for poverty eradication in combating desertification and mitigating drought, and promote cooperation among affected countries, at subregional, regional, and international levels and within relevant intergovernmental organizations. Algeria, Bahrain, Djibouti, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tunisia, Turkey, United Arab Emirates and Yemen are parties.Footnote 35
2.2.1.5 Convention Concerning the Protection of the World Cultural and Natural Heritage
Adopted in 1972 and effected in 1975, the Convention Concerning the Protection of the World Cultural and Natural Heritage calls on parties to do all they can to ensure the “identification, protection, conservation, presentation and transmission to future generations” of the cultural and natural heritage that is recognized under the convention.Footnote 36 Regarding heritage, the convention requires them to, among other things, take appropriate legal, scientific, technical, administrative, and financial measures necessary for the identification, protection, conservation, presentation, and rehabilitation of this heritage. Notably, the convention establishes the World Heritage Fund to support countries in its implementation. It is administered under UNESCO and enjoys near universal membership with 195 parties, including Algeria, Bahrain, Djibouti, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya Morocco, Qatar, Tunisia, Turkey, United Arab Emirates, and Yemen.Footnote 37
2.2.1.6 Convention on Biological Diversity
In 1992, at the United Nations Conference on Environment and Development in Rio de Janeiro, states adopted the CBD.Footnote 38 The CBD entered into force in 1993 and has since remained the principal framework international law instrument on biodiversity, counting 196 parties, including: Algeria, Bahrain, Djibouti, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Palestine, Syria, Tunisia, Turkey, United Arab Emirates, and Yemen.Footnote 39 The CBD begins by recognizing the value, importance, and benefits of biological diversity and expressing the need to protect it. Its preamble encompasses several international and environmental law principles including sovereignty over resources, sustainable development, intergenerational equity, prevention, and the precautionary principles. The preamble also underscores the declining nature of biological diversity and the role of human intervention as an accelerating factor.
Grounded in the preambular context, Article 1 sets outs key objectives as: conservation of biological diversity and the sustainable use of its components; and fair and equitable sharing of the benefits arising out of the utilization of genetic resources. This article embodies the equal importance that the CBD places on its two core themes, that is, conservation and benefits sharing. The CBD is further supplemented by the 2000 Cartagena Protocol,Footnote 40 and by the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits.Footnote 41
2.2.2 Key Regional MEAs on Biodiversity and Nature Conservation
2.2.2.1 Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean
The 1976 Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) entered into force in 1978.Footnote 42 Its objectives include combating pollution, protecting marine ecosystems, and ensuring that their natural marine and coastal resources are sustainably managed.Footnote 43 Article 10 requires contracting parties to take all appropriate measures to protect biological diversity, rare or fragile ecosystems, and, among other things, endangered species and their habitats. Together with its seven protocols, the Barcelona Convention is heralded as the main regional legally binding MEA in the Mediterranean.Footnote 44 While the entire framework is relevant, one protocol explicitly addresses biodiversity: the Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean, adopted in 1995 and effected in 1999. The protocol creates obligations for parties to, among other things, establish specially protected areas, protect, preserve, and manage threatened and endangered species, cooperate, compile biological diversity inventories, and adopt relevant strategies, plans, and programs. Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Syria, Tunisia, and Turkey are parties, both to the Barcelona Convention and to this protocol.Footnote 45
2.2.2.2 Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea Contiguous Atlantic Area
The 1996 Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea Contiguous Atlantic Area (ACCOBAMS) entered into force in 2001, with an aim to protect cetaceans in the Black Sea, Mediterranean Sea, and the nearby Atlantic area west of the Straits of Gibraltar.Footnote 46 Though, in 2010, the parties agreed to expand the geographic area to include the exclusive economic zones of Spain and Portugal. ACCOBAMS promotes the conservation and sustainable management of marine mammals and their habitats by, among other things, developing and improving the current knowledge on these animals. £It sets out conservation, research, and management measures to be adhered to by parties, in relation to the adoption and enforcement of national legislation; assessment and management of human‐cetacean interactions; habitat protection; research and monitoring; capacity building, collection, and dissemination of information, training, and education; and responses to emergency situations.Footnote 47 The MENA contracting parties are Algeria, Egypt, Lebanon, Libya, Morocco, Syria, Tunisia, and Turkey, while Israel is a signatory.Footnote 48
2.2.2.3 Agreement on the Conservation of African-Eurasian Migratory Waterbirds
The 1995 Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) entered into force in 1999,Footnote 49 under the Convention on Migratory Species (CMS), with the goal of protecting migratory waterbirds and their wetlands environment within Africa, Europe, the Middle East, Central Asia, Greenland, and the Canadian Archipelago, as they migrate across their habitats. It covers the conservation of 255 species of birds dependent on wetlands during some part of their yearly life cycle. They include a diverse array of birds, including divers, grebes, pelicans, cormorants, herons, storks, rails, ibises, spoonbills, flamingos, ducks, swans, geese, cranes, waders, gulls, terns, tropic birds, auks, frigate birds, and even the South African penguin. AEWA has in place an Action Plan that specifies various measures that parties must take to ensure the conservation of migratory waterbirds. The following MENA countries are party to AEWA: Algeria, Djibouti, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Saudi Arabia, Syria, and Tunisia.Footnote 50
2.2.2.4 Regional Convention for the Conservation of the Red Sea and the Gulf of Aden Environment
The 1982 Regional Convention for the Conservation of the Red Sea and the Gulf of Aden Environment (Jeddah Convention) entered into force in 1985. There are seven parties to the Jeddah Convention, including Djibouti, Egypt, Jordan, Saudi Arabia, and Yemen. It addresses environmental issues and the sustainable use of natural resources in the region, including pollution, overfishing, and habitat destruction. The geographical coverage is of the entire sea area, taking into account integrated ecosystems of the Red Sea, Gulf of Aqaba, Gulf of Suez, Suez Canal to its end on the Mediterranean, and Gulf of Aden, as bounded by rhumb lines (lines on the surface of the earth that cross all successive meridians at a constant angle).
2.2.2.5 Kuwait Regional Convention on Protection of Marine Environment Convention
The 1978 Kuwait Regional Convention on Protection of Marine Environment Convention (Kuwait Convention), which took effect in 1979,Footnote 51 aims to prevent, abate, and combat pollution of the marine environment and calls for parties to take all appropriate measures to prevent, abate, and combat pollution of the marine environment; to cooperate in taking necessary measures to deal with pollution emergencies, in scientific and technical research relating to marine pollution; and to establish appropriate roles and procedures for the determination of civil liability and compensation for damage related to the subject matter of the convention. Although focused on matters of pollution, the Kuwait Convention aims to protect, by extension, biodiversity in the marine environment. The Kuwait Convention is complemented by four Protocols: the 1989 Protocol concerning Marine Pollution resulting from Exploration and Exploitation of the Continental Shelf (in force since 1990); the 1998 Protocol on the Control of Marine Transboundary Movements and Disposal of Hazardous Wastes and Other Wastes (in force since 2005); the 1978 Protocol Concerning Regional Co-operation in Combating Pollution by Oil and other Harmful Substances in Cases of Emergency (in force since 1979); and the 1990 Protocol for the Protection of the Marine Environment against Pollution from Land-Based Sources (in force since 1993). The parties to the Kuwait Convention are Bahrain, Iran, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, and United Arab Emirates. Most of the Kuwait Convention parties are also parties to the protocols.Footnote 52
2.2.2.6 Gulf Cooperation Council Wildlife Convention
The 2001 Convention on the Conservation of Wildlife and their Natural Habitats in Gulf Cooperation Council (GCC) Countries (GCC Wildlife Convention) entered into force in 2003 and aims at conserving ecosystems and wildlife, especially the species threatened with extinction through legislation, habitat protection and management, environmental impact assessment studies, environmental education, research cooperation, and training, among other things. The GCC Wildlife Convention also provides for the establishment of the Permanent Committee for Conservation of Wildlife and its Natural Habitats in the Gulf Co-operation Council of States formed by representatives from the GCC states, as an implementing body with the responsibility to establish requirements of wildlife conservation and evaluation of the effectiveness of the approved measures, monitoring, and research and data collection.Footnote 53
2.2.2.7 African Convention on the Conservation of Nature and Natural Resources
The 1968/2017 African Convention on the Conservation of Nature and Natural Resources (African Convention) entered in force in 1969. It aims to encourage the conservation, utilization, and development of soil, water, flora, and fauna for the present and future welfare of mankind, from an economic, nutritional, scientific, educational, cultural, and aesthetic point of view. The Organization of the African Union discharges the secretariat functions.Footnote 54
2.3 Implementation of Biodiversity and Nature Conservation Treaties in the MENA Region
MEAs share common structures and implementation mechanisms, whether institutional, capacity building, monitoring and review, or compliance mechanisms. Effective implementation, however, differs according to various variables, many of which depend on the capacity to implement the treaty obligations at the national level, and others referring to the clarity/severity of the treaty provisions and the treaty regime’s capacity to promote implementation, such as resources available for technical assistance, implementation, reporting, and/or compliance mechanisms. As the global umbrella treaty on biodiversity, the following sections highlight implementation successes and challenges under the CBD, within MENA.
2.3.1 Implementation under the CBD
Through decision X/2, at the tenth CBD Conference of the Parties (COP), parties adopted the 2011–2020 Strategic Plan for Biodiversity, including the Aichi Biodiversity Targets (Strategic Plan).Footnote 55 The Strategic Plan was not only pertinent for the CBD but for other biodiversity-related conventions, the UN system, and biodiversity stakeholders at large.Footnote 56 It set out a collective vision of “Living in Harmony with Nature,” where, “[b]y 2050, biodiversity is valued, conserved, restored and wisely used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people.”Footnote 57 The Strategic Plan had five strategic goals, accompanied by twenty Aichi Biodiversity Targets.Footnote 58
In the same decision X/2, CBD parties agreed to translate this overarching international framework into National Biodiversity Strategies and Action Plans (NBSAPs), within two years, and to report on the plan’s implementation.Footnote 59 NBSAPs are the primary instruments for the plan’s implementation at the national level. The parties also set out general implementation guidance such as fostering inclusive participation at all levels, developing national and regional targets, mainstreaming gender considerations, updating NBSAPs and using them to integrate biodiversity targets into national development policies, and reporting on the plan’s implementation progress.Footnote 60 The parties even agreed on indicatorsFootnote 61 and actionsFootnote 62 for implementation. Additionally, the CBD itself provides mechanisms to support parties in effective implementation, including financial mechanisms (notably the Global Environment Facility), a clearing-house mechanism and partnerships.Footnote 63
However, despite the Strategic Plan’s ambition and the implementation mechanisms, none of its targets were achieved by 2020. The GBO5 estimates, with varying levels of confidence, that only six targets were partially achieved. The report suggests that there had been gaps in the ambition and commitment of countries to address nature loss over the past decade. It also indicates that the national biodiversity plans had generally been poorly aligned to, and are insufficient to meet, the Aichi Targets.Footnote 64 Together with the parties’ national reports, NBSAPs are great sources of information on respective parties’ national targets and their progress on the Strategic Plan.Footnote 65
2.3.1.1 National Biodiversity Strategies and Action Plans
Article 6 (a) of the CBD requires parties to “[d]evelop national strategies, plans or programmes for the conservation and sustainable use of biological diversity.” Target 17 of the Strategic Plan stipulates that, “[b]y 2015, each Party has developed, adopted as a policy instrument, and has commenced implementing an effective, participatory and updated national biodiversity strategy and action plan.”Footnote 66 This is one of the few Aichi targets that was partially achieved by 2020. NBSAPs are integral to national biodiversity planning in that they provide a roadmap on how parties will fulfill the CBD’s objectives and the corresponding steps to be taken.Footnote 67
Overall, 99 percent of CBD parties have developed at least one NBSAP,Footnote 68 including a majority of the MENA countries. About fourteen of the MENA parties revised or updated their NBSAPs following the inception of the 2011–2020 Strategic Plan.Footnote 69 However, of the fourteen, only the United Arab Emirates and Jordan had prepared or updated their NBSAP by the December 2015 cut-off date. Morocco, Tunisia, and Turkey have submitted three versions of their NBSAPs so far.Footnote 70 Israel, Oman, Syrian Arabic Republic, and Saudi Arabia all submitted their last NBSAP prior to the Strategic Plan in 2010, 2004, 2006, and 2008, respectively.Footnote 71 From the CBD’s repository, Libya and Palestine do not appear to have submitted any pre- or post-2011 NBSAPs, at the time of writing this chapter (Table 2.1).Footnote 72
Table 2.1 MENA countries that have submitted post-2011 NBSAPs
| Item no. | Country | NBSAP | Date of submission/publication (2011–2022) |
|---|---|---|---|
| 1 | Algeria | Version 2 (2016–2030) | November 23, 2016 |
| 2 | Bahrain | Version 2 (2016–2021) | July 14, 2016 |
| 3 | Djibouti | Version 2 (2014–2017) | May 21, 2017 |
| 4 | Egypt | Version 2 (2015–2030) | April 25, 2016 |
| 5 | Iran | Version 2 (2016–2030) | November 24, 2016 |
| 6 | Iraq | Initial (2015–2020) | February 3, 2016 |
| 7 | Jordan | Version 2 (2015–2020) | March 17, 2015 |
| 8 | Kuwait | Version 2 (2011–2020) | January 9, 2019 |
| 9 | Lebanon | Version 2 (2016–2030) | June 3, 2016 |
| 10 | Morocco | Version 3 (2016–2020) | July 13, 2016 |
| 11 | Qatar | Version 2 (2015–2025) | April 20, 2016 |
| 12 | Tunisia | Version 3 (2018–2030) | December 22, 2017 |
| 13 | United Arab Emirates | Version 1 (2014–2020) | October 28, 2014 |
| 14 | Yemen | Version 2 (2015–2025) | November 6, 2017 |
| 15 | Turkey | Version 3 (2018–2028) | April 16, 2019 |
Notably, the number of parties that have adopted their NBSAPs as policy instruments is limited.Footnote 73 While the development of the NBSAPs reflects positive efforts toward achieving the objectives of the CBD, the delay between adoption of the Strategic Plan and the NBSAPs may have slowed down actions to achieve Aichi targets.Footnote 74
It is a challenge to provide a neat analysis of the NBSAPs given that parties adopt different national targets and apply national indicators in an uneven way that may not correspond to the global targets.Footnote 75 Nonetheless, it is worth noting that, unlike the first generation of NBSAPs, several of the revised/updated NBSAPs were developed through a consultative process. This is shown, for instance, in the Bahrain 2016–2021 NBSAP, where the NBSAP project team engaged national stakeholders from the public and private sectors, academia, research institutions, civil society, and media, through consultative workshops, focus group discussions, and one-on-one sessions.Footnote 76 Other countries that took a similar approach include Egypt (2015–2030 NBSAP), which set up a National Biodiversity Committee of stakeholders, supported by national and international consultants, and informed by stakeholder consultations.Footnote 77 In Djibouti, the NBSAP was developed in consideration of Vision Djibouti 2035, which recommends that populations should be consulted and participate in policy processes.Footnote 78 For Iraq, stakeholders were consulted, including the State Ministry for Women’s Affairs, Ministry of Oil, Ministry of Planning, provincial councils, media and communications agencies, private sector, celebrities, indigenous and local communities, and religious leaders.Footnote 79 Looking ahead, the Jordan 2015–2020 NBSAP prioritizes a national consultation process for the review of the next iteration of the NBSAP.Footnote 80
This consultative aspect is closely complemented by a whole-of-government approach adopted by about sixty-nine NBSAPs globally, including within the MENA region. For instance, in Algeria, about ten sectors, such as transportation, public works, education, and fisheries, have prepared biodiversity action plans.Footnote 81 The country’s 2016–2030 NBSAP encourages the integration of biodiversity into sectoral action plans and local policies.Footnote 82
The MENA parties have adopted diverse national goals and targets within their NBSAPs. Most of the goals are aligned to the goals under the global Strategic Plan. From a sample of the NBSAPs, one major area that has been prioritized by the countries is good governance and the mainstreaming of biodiversity into national and sectoral planning and the wider society.Footnote 83 Another emerging theme is that of prevention through goals to minimize anthropogenic pressures on biodiversity, conserve terrestrial aquatic and coastal ecosystems, and promote sustainable use of natural resources.Footnote 84 As such, several parties aim to establish or enhance protected areas, safeguard ecosystem services, and protect priority species and genetic resources.Footnote 85 Others, such as Jordan, Tunisia, Egypt, and Djibouti, recognize the linkages between protecting biodiversity and addressing climate change through goals on enhancing climate resilience and adaptation, among others.
Moreover, the sampled MENA countries give prominence to enhanced awareness, knowledge, and understanding of biodiversity by different facets of society, including through capacity-building initiatives, communication outreach, bridging gaps between scientists, citizens, and decision-makers, and developing traditional knowledge.Footnote 86 Some countries, such as Tunisia, Yemen, and Morocco, have mainstreamed gender considerations into their NBSAPs, recognized women, rural communities, and indigenous peoples as guardians of nature, and encouraged their participation in national biodiversity planning. Lastly, several NBSAPs highlight enhancing monitoring and reporting of implementation as a strategic goal.
The broad strategic goals or prioritization areas are complemented by the national targets, and the envisaged implementation measures toward these targets are enumerated in the NBSAPs.Footnote 87 Such measures include resource mobilization strategies, establishment of stakeholder and governmental coordination committees, stakeholder engagement and partnership building, capacity-building initiatives, research studies, development of local and regional biodiversity plans, media and communication campaigns, and development of legislation. The common anticipated challenges included limited resources to implement the NBSAPs, lack of proper indicators to measure use of the NBSAPs as policy instruments,Footnote 88 and limited biodiversity expertise and scientific knowledge.
The progress of implementation of the NBSAPs is further explored in the latest, sixth round of national reports.
2.3.1.2 National Reports
Article 26 of the CBD calls for parties to report measures taken for implementation of the CBD and their effectiveness in meeting the CBD’s objectives.Footnote 89 Many of the MENA parties to the CBD have adhered to Article 26 by submitting their latest round of reports, the sixth national reports. From the CBD repository, Bahrain, Libya, Palestine, Turkey, and Syria had not submitted their sixth national reports by the time of writing this chapter (Table 2.2).Footnote 90
Table 2.2 MENA countries that have submitted national reports for the sixth reporting cycle
| Item no. | Country | Sixth national report | Year of submission |
|---|---|---|---|
| 1 | Algeria | Report | 2018 |
| 2 | Bahrain | Not available | Not available |
| 3 | Djibouti | Report | 2019 |
| 4 | Egypt | Report | 2019 |
| 5 | Iran | Report | 2020 |
| 6 | Israel | Report | 2020 |
| 7 | Jordan | Report | 2019 |
| 8 | Kuwait | Report | 2020 |
| 9 | Lebanon | Report | 2019 |
| 10 | Libya | Not available | Not available |
| 11 | Morocco | Report | 2018 |
| 12 | Oman | Report | Not available |
| 13 | Qatar | Report | 2019 |
| 14 | Syria | Not available | Not available |
| 15 | Tunisia | Report | 2019 |
| 16 | United Arab Emirates | Report | 2019 |
| 17 | Yemen | Report | 2019 |
| 18 | Iraq | Report | 2018 |
| 19 | Saudi Arabia | Report | 2019 |
| 20 | Turkey | Not available | Not available |
| 21 | Palestine | Not available | Not available |
A random sampling of four national reports (Iraq, Egypt, Yemen, and Jordan) suggests that there is a breadth of national targets and corresponding activities carried out in the region. The following subsections provide a summary of some of the key matters reported.Footnote 91
Legislative Aspects
During the reporting period, the sampled MENA countries put in place legislative measures to implement the national biodiversity targets. For instance, Iraq changed its forestry laws, introduced legislation for the control and dispersal of nonnative species, and drafted a decree to establish protected areas.Footnote 92 The country also took steps to assess the effectiveness of existing laws and to determine legal gaps with the aim of developing relevant environmental standards.Footnote 93 Similarly, Egypt either amended or drafted new laws dealing with matters such as protected areas, fisheries, and waste management,Footnote 94 while Jordan developed a new environmental protection law, among others.Footnote 95 Some gaps were also identified, for example, the lack of a law on access to genetic resources and on traditional knowledge in Jordan and the absence of a regulatory framework on safe distribution and use of pesticides in Yemen.Footnote 96
Nonetheless, the countries faced challenges regarding legislative processes. A recurring challenge was the delay occasioned by different arms of government involved in the process, particularly parliament, and the lack of prioritization of biodiversity legislation. Other specific obstacles included inadequate legal capacity and experience in drafting legislation for the conservation of threatened species or biodiversity-related pollution,Footnote 97 and limited awareness of the importance of forest biodiversity by communities among others.Footnote 98 The countries are also grappling with weak enforcement of the existing and newly enacted or amended laws.
Institutional Aspects
Effective institutions are necessary for the implementation and enforcement of legislation and policies.Footnote 99 Four MENA countries have active ministries and regulatory authorities that advocated for biodiversity considerations. The countries also put in place various committees or working groups either at the governmental or sectoral levels. In Iraq, there was a committee of ministries to develop the laws on protected areas. In Egypt, a national committee was established to implement the Egypt Initiative, an initiative tasked with rolling out a coherent approach for addressing biodiversity loss, climate change, and land ecosystem degradation. The countries were also keen on improving the institutional landscape: For example, Jordan carried out a review of the roles and capacities organizations working on genetic resources. Further, there were initiatives established to encourage partnerships with nonstate actors within the conservation space.
The reports indicated poor coordination within different sectors of government and among relevant stakeholders. The response rate and engagement of governmental entities was also a challenge in gathering important data and developing policies and laws, for instance. The lack of interest by decision-makers in policy coherence was another obstacle. Additionally, the security situation in some of the countries also adversely affected governmental operations.
Technical Aspects
All the countries presented technical needs that slowed their biodiversity action. Largely, limited awareness and understanding of biodiversity across government, communities, and relevant stakeholders was a recurring theme. A selection of the identified areas of support includes fundraising and proposal writing, biodiversity awareness campaigns, capacity building for legal drafters, capacity building for youth, women, rural communities, indigenous peoples, and other vulnerable communities, development of knowledge-based platforms and means for recording traditional knowledge, and biodiversity needs assessments.
Financial Aspects
All the reports indicated limited financial resources as a major impediment to implementation of their NBSAPs. Yemen reported insufficient government funding coupled with low level of Official Development Assistance from international sources and a lack of partnerships with the private sector, nongovernmental organizations, and local communities in the management of biodiversity resources.Footnote 100 In instances where finances were available, for example, for some targets in Jordan, late disbursement delayed the NBSAP’s activities.Footnote 101 Overall, nearly all activities were contingent on financial support, which implied a delay in or lack of implementation if no such support was forthcoming.
Although the findings here are indicative based on four countries, they illustrate common challenges in the region relating to a lack of policy coordination, dependence on funding, and lack of awareness in appreciating the value of the measures required. Globally, countries have recently adopted the Kunming-Montreal GBF to address these and other implementation shortcomings. This framework is addressed in Section 2.4.
2.4 Promoting Coherence: Reflections on the Way Forward
2.4.1 Kunming-Montreal GBF
Evidently, the Strategic Plan for Biodiversity 2011–2020, including the Aichi targets, did not achieve the level of success that was intended. There was a need for a successor framework that would bring about the required transformational change for reduction of biodiversity loss. During the 14th Conference of Parties (COP14) in 2018, the CBD parties agreed to develop a post-2020 GBF.Footnote 102 The GBF would be prepared through a comprehensive, consultative, and participatory process based on a set of agreed principles (participatory, inclusive, gender responsive, transformative, comprehensive, catalytic, visible, knowledge-based, transparent, efficient, results-oriented, iterative, and flexible).Footnote 103 Numerous opinions and suggestions were provided on the best way to craft a suitable and effective GBF, with a common desire being the need for the GBF to focus on implementation and to have an enhanced monitoring and review process.Footnote 104
During COP15, CBD parties adopted a package of six decisions on the post-2020 GBF,Footnote 105 its monitoring framework, resource mobilization, digital sequence information, capacity building, and mechanisms for planning, monitoring, reporting, and review.Footnote 106 The GBF is now the overarching global strategy and roadmap toward the previous 2011–2020 Strategic Plan’s vision of living in harmony with nature.Footnote 107 It builds on the achievements, gaps, and lessons learned from the Strategic Plan and is to be used as the plan for the implementation of the CBD and its protocols, its bodies, and its secretariat over the period 2022–2030.Footnote 108 The GBF embodies a whole-of-society and whole-of-government approach, with many subnational governments, cities, and local authorities having pledged their support through a declaration called “the Edinburgh Declaration.”Footnote 109
The GBF’s four long-term goals on safeguarding and restoring all ecosystems, sustainably using and managing nature’s resources, fair and equitable sharing of monetary and nonmonetary benefits from the utilization of genetic resources and digital sequence information on genetic resources, and equitable access to adequate means of implementation, including closing the annual biodiversity finance gap of US$700 billion, are to be achieved by 2050 in alignment with the 2050 vision for biodiversity.Footnote 110
The four goals are to be fulfilled through the attainment of twenty-three targets by 2030.Footnote 111 The targets cover a variety of issues and appear to have more quantitative markers than the previous targets. One of the GBF’s main highlights is the agreement to protect 30 percent of terrestrial, inland water, and coastal and marine ecosystems by 2030 as encapsulated in Targets 2 and 3, respectively. The 30 percent is up from the 17 percent of terrestrial and inland water and 10 percent of coastal and marine areas provided for in the 2011–2020 plan. While this seems like a promising start, some stakeholders have decried the lack of ambition and the vague wording of some of the provisions, which would likely contribute to ineffective implementation.Footnote 112
Notably, the GBF’s provisions on biodiversity-related pollution and climate change are more pronounced in scope, with specific measures to be taken such as working toward eliminating plastic pollution and adopting nature-based solutions, respectively. The framework is also relatively stronger and more active on the integration of gender considerations, having not only mainstreamed gender, for example, in Target 22 on inclusion and participation, but also dedicated a whole target, Target 23, to a demand of gender equality in its implementation.
Further, the obligations imposed on states in relation to businesses, particularly multinational corporations and financial institutions, are fairly elaborate, including requirements for measures to enable assessment and disclosure of biodiversity risks, to provide relevant consumer information, and to report on compliance.Footnote 113 Another notable target is Target 18, which unlike in the predecessor Strategic Plan,Footnote 114 quantifies the amount of harmful subsidies to be reduced by 2030 to US$500 billion per year. Other noteworthy matters covered by the targets include halting extinction of species, ensuring sustainable trade of wild species, minimizing biodiversity-related pollution risks, mitigating climate change, and building capacities for implementation.
Implementation of the GBF will benefit from support mechanisms and strategies existing under the CBD.Footnote 115 Adequate financial resources, effective capacity building, transfer of technologies, cooperation, and collaboration will provide an enabling environment for the framework’s implementation.Footnote 116 As the CBD parties agreed at COP15, the framework’s implementation would be mutually reinforced through implementation of the COP’s decisions on the: monitoring framework for the GBF; planning, monitoring, reporting, and review; resource mobilization; long-term strategic framework for capacity building and development to support nationally determined priorities for the implementation of the GBF; digital sequence information on genetic resources; and cooperation.Footnote 117 These decisions enjoy an equal status to that of the GBF.
In terms of tools for implementation, the post-2020 GBF takes cognizance of the importance of legislative action in achieving the targets. In at least two targets, 13 and 15, the GBF requires parties to put in place effective legal measures to respectively ensure the fair and equitable sharing of, among other things, benefits arising from utilization of genetic resources, and to encourage and enable businesses to take an active role in progressively reducing negative impacts on biodiversity and promote sustainable use of resources.
Notably, NBSAPs remain the main vehicle for the implementation of the post-2020 GBF and parties have been called upon to revise or update their NBSAPs accordingly.Footnote 118 To foster effective implementation of MEAs within MENA, there is a need for the coordinated and coherent implementation of the applicable biodiversity MEAs. This should be coupled with improved approaches for implementation, most of which are encompassed in the Kunming-Montreal post-2020 GBF. The following subsections include some areas for consideration.
2.4.1.1 Contribution and Rights of Indigenous Peoples and Local Communities
The GBO5 identifies a need to further integrate the role of indigenous peoples and local communities into biodiversity planning and implementation.Footnote 119 Indigenous peoples own, manage, or occupy at least a quarter of the world’s land.Footnote 120 Together with local communities, they have a wealth of traditional knowledge and customary practices on conservation and sustainable use of natural resources. The framework’s reference to these two groups is a result of deliberate efforts at the international level to ensure that their long-standing contribution to safeguarding biodiversity is recognized. Their consideration was a prevalent theme in stakeholders’ submissions to the GBF development process.Footnote 121 In fact, one of the working groups, WG8J-11, focused on examining the role of collective actions of indigenous peoples and local communities to the GBF.Footnote 122
The GBF cements the position of indigenous peoples and local communities as guardians of biodiversity and as partners in its conservation, restoration, and sustainable use.Footnote 123 The framework requires parties, including MENA parties, to ensure that the “rights, knowledge, including traditional knowledge, innovations, world views, values and practices of indigenous peoples and local communities are respected, documented, preserved with their free, prior informed consent.”Footnote 124
The concept of prior informed consent is a significant addition to the framework. It is associated with treaty norms such as under the UN Declaration on the Rights to of Indigenous Peoples,Footnote 125 and the Indigenous and Tribal Peoples Convention by the International Labour Organization (ILO),Footnote 126 and is also embodied in the CBD itself, which subjects access to genetic resources to prior informed consent,Footnote 127 as well as conventions such as the BaselFootnote 128 and RotterdamFootnote 129 Conventions. The concept is also connected to the enjoyment of rights, primarily access to information and the right of public participation in environmental decision-making.
In other regions, namely Europe, the Biodiversity Strategy for 2030 calls for respect of the rights of, and the full and effective participation of, indigenous peoples and local communities.Footnote 130 The European Union has also called on its member states to ratify the ILO Convention on Indigenous and Tribal Peoples.
2.4.1.2 A Human Rights-Based Approach
The right to a clean, healthy, and sustainable environment is universally recognized through a 2022 UN General Assembly resolution that was supported by several MENA countries, led by Morocco.Footnote 131 About eighty-eight countries globally, including Algeria, Egypt, Morocco, Palestine, Iraq, Turkey, and Tunisia have already enshrined a variation of this right into their constitutions.Footnote 132 The right is related to other substantive rights, such as the right to life, right to water, right to culture, and right to a private family life, as well as procedural rights, such as the rights of access to information, public participation, access to justice, and nondiscrimination,Footnote 133 most of which are captured under the Universal Declaration on Human Rights,Footnote 134 and treaties such as the International Covenant on Civil and Political Rights.Footnote 135 Overall, environmental rights contribute to environmental rule of law as they provide a framework for enforcing laws and providing redress, especially for vulnerable populations.
While there are differing views on what a human rights-based approach means for biodiversity, especially in regard to conservation, the Office of the United Nations High Commissioner for Human Rights (OHCHR) describes it as an approach that promotes respect, protection, promotion, and fulfillment of the full range of human rights and emphasizes the obligation of duty bearers to fulfill their human rights obligations.Footnote 136 The full implementation of MEAs such as the CBD is a prerequisite for the right to a clean, healthy, and sustainable environment.Footnote 137 Practically, biodiversity plans, policies, and processes should be anchored in a system of rights and corresponding obligations where all persons are empowered to claim their rights.Footnote 138
MENA countries may integrate human rights in the update and implementation of their NBSAPs. OHCHR provides guidance on how to do this through a 2022 brief that provides a step-by-step human rights lens on NBSAPs development, content, and implementation processes.Footnote 139 The brief encourages a participatory, bottom-up, consensus building in the NBSAP development phase, mainstreaming of international and domestic human rights obligations into the NBSAP content, and safeguarding of human rights procedural and substantive elements in NBSAP implementation. Another area that MENA countries could explore is the emerging notion of nature rights where distinct biodiversity elements are assigned rights as though they were living beings.Footnote 140
2.4.1.3 Consistency with International Agreements or Instruments
Article 22 of the CBD suggests consistency with other international conventions to the extent that such conventions do not cross purposes with the objectives of the CBD. The article further requires the parties to implement the CBD in line with the rights and obligations under the law of sea in regard to the marine environment.
Parties to the CBD hold value in promoting synergies between relevant conventions, particularly biodiversity-related conventions. Through a process known as the Bern process, UNEP fosters the engagement of other MEAs in the advancement of the GBF.Footnote 141 In the lead-up to the post-2020 GBF, and based on a request by CBD parties, a workshop was organized among the parties of biodiversity-related conventions to assess their contribution to the framework.Footnote 142 In fact, in the decision 15/13 on cooperation, the CBD COP invited the governing bodies of the other conventions to endorse the framework and support its operationalization. Among the numerous international and regional biodiversity-related conventions applicable in the MENA region, CITES is a good example of a convention that aims to synergize with the CBD. The CITES Strategic Vision 2008–2020 was mapped against the Aichi Targets in the 2011–2020 Strategic Plan for Biodiversity,Footnote 143 and now CITES COP19 has adopted a decision to strengthen cooperation, collaboration, and synergies at all relevant levels between CITES and the GBF.Footnote 144 Other MEAs have also taken similar steps: For example, the Ramsar Convention in COP Resolution XIV/26,Footnote 145 CMS COP Decision 13.4,Footnote 146 and the Decision 44 COM 7.2 of the World Heritage Committee.Footnote 147
Paragraph 24 of the GBF envisages collaboration, cooperation, and synergies with other MEAs as well as international organizations and processes. Given the interlinkages between the triple planetary crises, it is important for MENA countries implementing the GBF to align to climate commitments and pollution- and waste-related processes. To provide an example of such alignment, two-thirds of nationally determined contributions under the Paris Agreement refer to nature-based solutions.Footnote 148
Additionally, MENA parties should be conscious of relevant ongoing processes such as the development of a legally binding instrument on plastic pollution, including in the marine environment,Footnote 149 and the recent establishment of a treaty on high seas.Footnote 150
2.4.1.4 Science–Policy Interface
Effective policies to combat biodiversity loss must be based on the best available knowledge.Footnote 151 This is why the GBF requires that it is implemented based on “transformative, innovative and transdisciplinary education, formal and informal, at all levels, including science–policy interface studies and lifelong learning processes, recognizing diverse world views, values and knowledge systems of indigenous peoples and local communities.”Footnote 152 The aspect of a science–policy interface is particularly important and was focused on in the lead-up to the GBF through an Ad Hoc Technical Expert Working Group on digital sequence information on genetic resources.Footnote 153 A science–policy interface is beneficial as it’s typically coupled with stakeholder consultations, diversity in experts and expertise, and the ability to break down complex issues for policymakers.Footnote 154 It is important for MENA countries to heed evidence-backed findings from credible institutions and traditional knowledge at a global and national level.
2.5 Conclusion
International law on biodiversity and nature conservation seeks to promote conservation and the sustainable use of biological resources as well as the equitable sharing of their benefits. It is a complex system, mostly weaved together by MEAs. UNEP recognizes this complexity and, as shown in Box 2.1, it has developed a wide range of initiatives aimed at supporting countries across the world and in the MENA region. UNEP’s Law Division, particularly, supports the fields of environmental law, governance, and related policy issues, including those related to MEAs. It provides, in close collaboration with the MEA secretariats, technical legal assistance and capacity-building support to countries to develop/strengthen and implement environmental law, and to build capacity of various stakeholders and institutions with respect to the development and implementation of, compliance with, and enforcement of, environmental law, including commitments set out in MEAs.
Box 2.1 UNEP’s Activities Related to Biodiversity and Nature Conservation Law and Policy in the MENA RegionFootnote 155
Environmental Governance
UNEP promotes sound environmental governance, for example, by helping with the development of National Biodiversity Strategic Action Plans. Under UNEP’s Fifth Montevideo Programme for the Development and Periodic Review of Environmental Law (Montevideo Environmental Law Programme), countries can make requests for technical legal support through the Law and Environment Assistance Programme. UNEP also provides law enforcement support through initiatives such as the Green Customs Initiative.
Ecosystems Support and Coordination with Biodiversity-related Conventions
UNEP hosts the CBD Secretariat that supports parties to implement the CBD’s Program of Work and governing bodies’ decisions.Footnote 156 The CBD’s portfolio encompasses capacity building and knowledge management, monitoring, and review of implementation and policy and governance support, among other things. For instance, the secretariat, together with UNEP and other partners, has developed NBSAP training modules and tools such as the Data Reporting Tool for MEAs.Footnote 157 UNEP also works closely with and hosts the secretariats of the Bonn Convention and the CITES and the Intergovernmental Panel on Biodiversity and Ecosystem Services.Footnote 158 UNEP also administers the Regional Seas Programme for protection of marine and coastal biodiversity.
Knowledge Platforms
UNEP hosts several comprehensive biodiversity knowledge hubs such as the UNEP’s World Conservation Monitoring Centre. The center works with scientists and policymakers worldwide to place biodiversity at the heart of the environment and development decision-making to enable enlightened choices for people and the planet.Footnote 159 Another platform is the World Environment Situation Room, which collects, analyzes, and shares the world’s best environmental science and research, as well as the mass of new data from satellites, drones, and citizen science. The platform includes critical tools to review progress toward the achievement of the SDGs. UNEP also supports knowledge platforms on ecosystems and biodiversity, such as the Great Apes Survival Partnership, Global Forest Watch, the Global Peatlands Initiative, and the Interfaith Rainforest Initiative.Footnote 160
Legal Scholars’ Network in the MENA Region
UNEP supports the establishment and strengthening of networks for environmental law scholars within MENA, primarily the Association of Environmental Law Lecturer in Middle East and North African Universities (ASSELLMU)Footnote 161 and the Association of Environmental Law Lecturers in African Universities. The support extends to the development of training-of-trainers programs, convening of scientific conferences, development of scientific publications, and drafting of training modules.
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