This year’s UN Summit on Biodiversity (COP 16) adopted critical decisions on the need to respect the human rights of Indigenous peoples, local communities, Afro-descendant communities and ocean defenders. One Ocean Hub Deputy Director, Dr. Philile Mbatha, and Hub Director, Professor Elisa Morgera, in her capacity as the UN Special Rapporteur on Climate Change and Human Rights, contributed to several events on human rights and the ocean. They reflect in this blog post on progress made and the work that remains to be done.

Background

The 16th Meeting of the Conference of the Parties (COP16) to the Convention on Biological Diversity (CBD) took place in Cali, Colombia, from 21 October to 1 November 2024. This significant gathering brought together governments, businesses, decision-makers, observers and Indigenous peoples.

A recurring theme throughout the conference was the emphasis on a whole-of-society and whole-of-government approach to achieve Target 3 of the Kunming-Montreal Global Biodiversity Framework (KMGBF) adopted at the last meeting (COP15) in 2022, which contains a commitment to protect at least 30% of the planet’s land, inland waters, as well as coastal and marine areas by 2030.

Delegates at COP16 reviewed progress in implementing the KMGBF. Encouraging developments included:

• 119 countries reporting national biodiversity targets aligned with the GBF.

• 44 countries submitting updated National Biodiversity Strategies and Action Plans (NBSAPs) to advance their biodiversity goals.

These updates are said to demonstrate the global commitment to biodiversity conservation since the adoption of the KMGBF in 2022.

One Ocean Hub research at COP 16

Philile made significant contributions, based on the research findings from the One Ocean Hub, during an expert dialogue held by UN Special Rapporteur on the Human Rights to a Healthy Environment, Astrid Puentes Riaño. Together with other experts, academics and community representatives, she shared key findings to inform the Rapporteur’s upcoming report on ocean-related human rights. This report will be published in early 2025 and discusses examples of how human rights related to the ocean have been fulfilled, including through the protection of marginalised communities; the role and inclusion of Indigenous Peoples, women, children, and youth; and main challenges for the protection and prevention of damages to the ocean, in relation to the effective implementation of the human right to a clean, healthy and sustainable environment (which was discussed in her recent report entitled an “Overview of the Implementation of the human right to a clean, healthy and sustainable environment”.)

In addition, Philile participated in a joint consultation that UN Special Rapporteur, Astrid Puentes Riaño, organized with Elisa, and Special Rapporteur on Economic, Social, Cultural and Environmental Rights of the Inter-American Commission on Human Rights, Javier Palumbo. The consultation provided an opportunity for Elisa to discuss the priorities for future thematic reports as the UN Special Rapporteur on Climate Change and Human Rights. All her future reports will consider human rights at the ocean-climate nexus, in addition to other questions. The consultations also provided an opportunity to explore collaboration of global and regional human rights mandates to improve the protection of human rights on the ground.

Philile also joined the daily meetings of the Human Rights and Biodiversity Working Group, which includes several NGOs working on human rights issues at the CBD COP. The Group was invited to a special consultation with the UN Assistant Secretary-General for Human Rights, Ilze Brands Kehris. During this consultation, the Working Group presented a summary of key concerns relating to the need to incorporate and underline human rights discourse in discussions and decisions taking place at the COP. The Assistant Secretary-General responded positively to the contributions of the Working Group, and indicated that she would take these forward in her engagements within the COP.

Elisa, in her capacity as UN Special Rapporteur, was one of the keynote speakers at the COP16 Culture Summit, in a panel focusing on human rights-based approaches to conserving biocultural diversity. She emphasized that community-led initiatives advancing integrated biodiversity and climate solutions, as powerfully celebrated at the CBD Summit on Culture and Biodiversity, not only protect, but contribute to fully realize the human rights of Indigenous Peoples, people of African descent, peasants, small-scale fishers and other rural communities. She was also at the Inter-Ministerial Dialogue on Biodiversity and Climate Change, where she underscored the need for   co-development of the evidence-base across environmental, ocean and human rights treaties/process based on community-level research and joint monitoring of internationally funded projects; and maximize learning for different mandates with the support of social sciences and arts. In addition, she participated, via video-message, in a side-event organised by the Office of the High Commissioner for Human Rights on advancing a human rights-based approach to protecting marine, coastal and island biodiversity, on the basis of the ITLOS Advisory Opinion on State obligations on climate change.

Inclusive ocean conservation

Philile participated in various side events that discussed human rights in the context of marine conservation at COP 16. There were a few other side events that were key highlights and of relevance for the One Ocean Hub. One of these took place on the 25 October at the KMGBF Pavilion in the Blue Zone. This was where the 30×30 Action Day was hosted, which was an all-day event dedicated to providing an opportunity to assess progress and address challenges in implementing the KMGBF’s ambitions. The event featured ministerial and high-level discussions on key issues such as advancing progress toward the 30×30 target, financing of 30×30, and ensuring the inclusion and protection of Indigenous peoples and local communities in the implementation of 30×30. The 30×30 Action day was of particular relevance to the One Ocean Hub because one of key issues that has emerged from Hub findings is the need to support small-scale fishing communities in participating in 30×30 planning processes, especially at country level. As Target 3 of the KMGBF calls for the respect for the rights of indigenous people and local communities (i.e., many small-scale fishing and coastal communities) in the conservation expansion, it was crucial to hear what COP16 discussions about that would be. This is particularly pertinent since Hub findings demonstrate how mapping and planning for processes such as 30×30 that is not done in a participatory manner could lead to exclusion of marginalised groups.

Another side event that was relevant for the One Ocean Hub at COP16 was Ocean Day celebrated on 27 October, dedicated to recognizing the important role of the “Ocean as the Great Connector”. The theme emphasized the ocean’s unique ability to cut across all elements of the KMGBF and its importance as a cross-cutting element in the CBD work. The day’s events, held in the Blue Zone, brought together a diverse group of stakeholders from around the world, including academia, researchers, conservationists, governments, Indigenous peoples, environmental NGOs, and businesses. These actors gathered to discuss critical issues relating to the ocean and to embrace its role in connecting people, marine life, science, technology, and climate-related solutions. Philile participated in a short session hosted by UNESCO’s Intergovernmental Oceanographic Commission (IOC), titled “The Ocean Decade and the Kunming-Montreal Global Biodiversity Framework”, which explored the contributions of the UN Ocean Decade in advancing the implementation of the KMGBF. Of the sessions that were held on the day, the Ocean Decade one was of relevance to the Hub as an implementing partner to the United Nations Ocean Decade. Although the side event did not allow enough scope to discuss the UN Ocean Decade itself, it provided an opportunity to network with other stakeholders involved in the Decade and to share about the Hub’s ‘Transdisciplinary Toolbox of Ocean Knowledge Co-Production for Transformative Governance’ that was launched at the 2024 Ocean Decade Conference earlier this year.

The last side event that was a highlight from the perspective of the Hub was on Gender in Blue Finance, held on 31 October and organized by the UK Department for Environment, Food, and Rural Affairs (DEFRA), Conservation International, and Fondo Acción focused on the vital role of women and girls as ocean guardians. It highlighted the need for gender-inclusive financing mechanisms to protect marine and coastal ecosystems. This was a side event that could be attended by invitation only, and Philile was one of the guests invited to attend, meaning she was able to network on behalf of the Hub to share on synergies between what was covered in the session and One Ocean Hub research on gender and the oceans in different parts of Africa.

Some reflections on the COP16 outcomes

A new decision on biodiversity and climate change ‘provides the framework for enhancing coordination and synergies between international and national efforts to address the biodiversity and climate crises, including at the ocean-climate nexus. In the decision, the COP calls on the Presidents of the Biodiversity and Climate COPs to provide opportunities for strengthened multilateral coordination on climate change and biodiversity loss. The Secretariat was also requested to promote synergies and closer cooperation with the biodiversity-relevant treaties, organisations and processes, and integrated approaches to addressing biodiversity loss, climate change, and land and ocean degradation; and in collaboration with the secretariats of the UNFCCC, the UN Decade of Ocean Science for Sustainable Development, and the UN Division for Ocean Affairs and the Law of the Sea (UNDOALOS), explore opportunities to address the ocean-climate-biodiversity nexus in an integrated manner to achieve the GBF goals. In addition, this decision requests CBD Parties to take into account the diversity of values, worldviews, and knowledge systems to ensure contextually relevant actions for respecting, protecting, promoting, and fulfilling human rights when undertaking actions towards achievement of GBF Targets 8 (climate impacts on the ocean and ocean acidification) and 11 (nature’s contributions to people).

The decision on climate-biodiversity also calls for the protection of Indigenous peoples and local communities rights over their lands, territories and resources, the need to seek their free prior informed consent if there may be direct or indirect impacts on their lands or human rights, and the need to promote the positive, and avoid/minimize wherever possible the negative impacts of climate actions on biodiversity and ecosystem integrity, functions and services, including for vulnerable species and ecosystems important for the full carbon cycle or to which damage is irreversible, in particular for Indigenous peoples and local communities and relevant stakeholders that directly depend on biodiversity. These considerations are critical also for ocean-based climate action. This decision also confirmed the moratorium on geo-engineering, which has recently also been bolstered by the ITLOS Advisory Opinion.

In addition, the COP adopted the modalities for modifying the description of marine ecologically or biologically significant areas (EBSAs) and description of new ones, after eight years of negotiations, to enable the application of ecosystem and integrated approaches to ocean management at both the international and national level. These modalities are relevant for the 30×30 target of the GBF, but also for the BBNJ Agreement and potentially deep-sea mining under the International Seabed Authority. However, in the decision on marine biodiversity, CBD Parties could not agree on including specific references to a gender-responsive, human rights-based approach.

The COP also “upgraded” the open-ended Working Group on Article 8(j)—a temporary structure— into a permanent subsidiary body to the COP, convening to discuss ways of recognizing, protecting, and institutionalizing the roles and contributions of Indigenous Peoples and local communities toward the conservation and sustainable use of biodiversity into a permanent subsidiary body. This is expected to “provide a dedicated platform for those who have been historically excluded from decision-making spaces despite their unquestionable contribution to biodiversity stewardship.”

Finally, the decision on biodiversity and health included a request to the CBD Secretariat to enhance and strengthen cooperation with international organisations and the secretariats of other agreements on the environment, health, and human rights agreements with regard to biodiversity and health interlinkages. The decision also calls upon parties to ensure that knowledge is available to all and that all groups of people are engaged in decision-making related to biodiversity can help to ensure that biodiversity and health interlinkages of particular importance to certain groups are taken into consideration, thereby contributing to the protection of rights, gender responsiveness and intergenerational and health equity. This language is also relevant for the linkages between human health and marine biodiversity.

Looking Ahead

While COP16 made some progress on human rights and marine conservation, including a more formalised platform for Indigenous peoples and local communities in biodiversity governance, its work is far from over.

There are still concerns about poor integration of human rights language in provisions relating to the protection of marine biodiversity.  For instance, the agreement on inviting the UN High Commissioner for Human Rights to develop tools and guidance on a human rights-based approach to the implementation of the GBF was not finally adopted, as the COP ran out of time. In a decision on Indigenous Peoples and local communities, States eventually deleted a reference to women and girls, children and youth, persons with disabilities, and environmental human rights defenders, despite the fact that this language is already part of the GBF. Nevertheless, the adopted programme of work on Indigenous Peoples and local communities includes sections on full and effective participation and a human rights-based approach.

All in all, the need to firm up human rights discourse within global conservation policy frameworks, as well to promote human rights approaches within conservation processes and practices is still considered a key gap internationally that perpetuates the exclusion of marginalised communities in conservation governance and the disregard for their knowledge and voices in decision-making processes. It was also evident from COP16 that there is still an under-representation of African voices and participation in such global platforms, particularly for making contributions to debates about gender, indigenous and customary rights, which are key issues in the African continent relating to biodiversity access, use and conservation. In that respect, it is interesting to note that the COP invited IPBES to explore ways to raise awareness of, and include matters related to, the human rights-based approach in its work. Such a recommendation was proposed by Hub researchers Lynne Shannon and Elisa Morgera in 2023.

Meanwhile, the COP could not complete decisions on the budget and resource mobilisation, so the CBD Secretariat has announced the resumption of COP16 in February 2025 in Rome.