Version imprimableFrom: Faizi S
Date: Wed, Dec 21, 2022 at 1:34 PM
Subject: UN CBD COP’s breach of the ROP: CBD COP doesnt have a legal advisor
To: UN -> sgcentral[at]un.org
Cc: CBD Executive Secretary -> executivesecretary[at]cbd.int
To
The Secretary General
United Nations
CC: The Executive Secretary
CBD Secretariat
Your Excellency,
Greetings.
1. The adoption of the Global Biodiversity Framework by the CBD COP15, early this week, raises issues of substance as well as serious procedural issues. The substantive issue, in short, is that while ritually repeating the triple objectives of the Convention, the GBF virtually unmakes the CBD by carefully ignoring some key operative provisions of the treaty- provisions that were unacceptable to a number of western countries right from the negotiations in the CBD INC (I had been one of the youngest negotiators there). The subject matter of Article 16 is just one example, which was to finely balance Article 15. CBD has 21 operative articles but the GBF cherry picked just a few favorite provisions of the treaty, effectively replacing it with the GBF.
2. The reason I am writing to you is not the substantive issue which is the right of the sovereign body that is the COP- although it would be worthwhile to examine the trajectory of how a UN treaty had been unmade without formal amendment.
I am writing this to bring to your urgent attention a critical procedure issue. This issue has two parts, one part being a decision of the President of the COP you may not have authority to address but may want to take serious note of in the interest of democratic multilateralism, the other part is regarding the wrongful action of a UN staff and that merits your attention and action.
3. The first part of the issue is the manner in which the decision annexing the GBF was adopted. I am providing below the official video of the proceedings which is self explanatory. The President announces that he will adopt six decisions as a package and proceeds to adopt the first of the six, DR Congo (one of the highest biodiverse countries, and the centre of origin of humans) takes the floor instantly and raises objection. Now an OECD country, Mexico, expresses support for the president
