Report One

The Bonn Convention On The Conservation Of Migratory Species Of Wild Animals

By Chelsea Kopp 

    
Part One Written by Ella Vasilyeva and Chelsea Kopp

Part Two Written by Chelsea Kopp

Part Three Written by Ella Vasilyeva

Part One

THE HISTORY OF A TREATY.  The Convention on the Conservation on Migratory Species of Wild Animals, which also known as CMS or the Bonn Convention, aims to conserve terrestrial, marine and avian migratory species. It is one of a small number of intergovernmental treaties concerned with the conservation of wildlife and wildlife habitats on a global scale. Since the Conventions entry into force on November 1st 1983, its membership has grown steadily to include 80 parties from Africa, Central and South America, Asia, Europe and Oceania. You can view the map of CMS Parties and other participating states by clicking here. (1) Throughout history, migration of animals has been a universal phenomenon. Many animals migrate in response to biological requirements, such as the need to find a suitable location for breeding and raising their young. During their migration, migratory species are dependent on the specific sites they find at the end of their journey and along the way. Increasingly these sites are threatened by man-made disturbances and habitat degradation. Migratory animals may also fall victim to unfavorable climatic conditions. (2) In 1972, the United Nations Conference on the Human Environment in Stockholm, recognized the need for countries to co-operate in the conservation of animals that migrate across national boundaries. (3) This recommendation resulted in the Convention on the Conservation of Migratory Species of Wild Animals. After being concluded in Germany in 1979, in 1983 this convention came into force. To see a list of member countries as recent as March 1, 2003 go to: <http://www.wcmc.org.uk/cms/pdf/Partylist_eng.PDF> The goal of the Convention is to provide conservation for migratory terrestrial, marine and avian species over the whole of their range. This is very important, because failure to conserve these species at any particular stage of their life cycle could adversely affect any conservation efforts elsewhere.(4) The fundamental principle of the Bonn Convention is that the Parties of the Bonn Convention acknowledge the importance of migratory species being conserved. Parties, in particular provide immediate protection for migratory species in Appendix I & Appendix II. (5) A Brief Historical Overview of Conferences (6) - 1988 After the first Conference of Parties of the Bonn Convention, where it was decided to prepare an Agreement for the Western Palearctic Anatidae, in 1988 the Dutch Government began developing a draft Western Palearctic Waterfowl Agreement as part of its Western Palearctic Flyway conservation programme. During the process of drafting and consultation, the name of the Agreement was changed into the African-Eurasian Waterbird Agreement (AEWA), emphasizing the importance of Africa for migratory birds. - 1994 The first consultative meeting of Range States of AEWA was held in Nairobi in June 1994. This meeting strongly supported the concluding of AEWA, and consensus could be achieved on almost all matters of substance. - 1995 In June 1995 the final negotiation meeting was held in The Hague. The Meeting adopted the Agreement by consensus and accepted with appreciation the offer of the Government of the Kingdom of the Netherlands to act as Depositary, to provide at its own expense until 1 January 1999, an Interim Secretariat and to host the first session of the Meeting of the Parties. For more information go to Agreement page. (7) - 1996 The Dutch Government, Ministry of Agriculture, Nature Management and Fisheries, established the Interim Secretariat on 1 January 1996. On 15 August 1996, the Agreement was opened for signature at the Ministry of Foreign Affairs of the Netherlands. - 1999 In accordance with Article XIV, in 1999 the required number of at least fourteen Range States, comprising at least seven from Africa and seven from Eurasian, was achieved and the Agreement entered into force on 1 November 1999. Only a few days later the first Session of the Meeting of the Parties (MOP1) took place in Cape Town, South Africa. The Meeting of the Parties is the governing body of the Agreement. For more information on this Meeting please go to Meeting Information (8). You can also view the report of the United Kingdom Government to this meeting by clicking here. (9) - 2002 The second Session of the Meeting of the Parties took place in September 2002 in Bonn. You can view the Report of the United Kingdom Government to the meeting of the Conference of the Parties, by clicking here. (10) Even though the Agreement only entered into force a few years ago, its implementation is well underway. The European Union, Belgium, France, Germany, Netherlands, Switzerland and United Kingdom increasingly support the implementation of AEWA. Furthermore, it has also been decided by the Global Environment Facility (GEF) early 2000, to grant US $ 350,000 for the drafting of a project brief of a full-size African-Eurasian Flyway GEF project of between US $ 8-12 million.(11) For more information about funding, please click here. The Bonn Convention is closely related to the Ramsar Convention for the Protection of Wetlands of International Importance and the Convention on the International Trade in Endangered Species in Wild Fauna and Flora (CITES). (12) Please visit this website for more information about Ramsar Convention, CITES, CBD, WH and CMS. Examples of Agreements I have to included four examples of agreements covering species in Europe. These Agreements are considered to be the most successful of the Convention to date. - Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas - Agreement on the Conservation of European Bats - Agreement on the Conservation of African - Eurasian Migratory Water birds - Agreement on the Conservation of Cetaceans of the Black and Mediterranean Seas - Agreement on the Conservation of Albatrosses and Petrels. 

Part Two

THE OPERATIVE THEORY of the Bonn Convention is to protect all endangered migrating species worldwide.  The goal is to develop international Agreements through this convention that will protect migrating species as they travel through multiple states. Migrating Species are very much a part of the ecosystems of many states and although the effects of losing migratory species has not been studied at length, it is known that they are genetic resources and that they are involved with the intricate interrelationships with endemic plants and other animal species. (13) 
The Bonn Convention was created under the realization that migratory species are difficult to protect because of the large amount of geography that they cover on a continual basis.  From wild animals on sea, land, and in the air, these migrating animals are threatened by declining food sources, loss of habitats and hunting. (14)  The Bonn Convention is a co-operation between nations to protect migrating species whenever possible and appropriate. (15) Countries who have signed onto the Bonn Convention are agreeing to promote and support research relating to migratory species, provide protection to endangered migrating species and to develop and enact new Agreements for protecting these species. (16)   
It is through these Agreements that the goals for the treaty will be achieved.  There are requirements and guidelines that must be included in every Agreement.  Each Agreement must restore or at least maintain the endangered species; try to address multiple migrating species; name the species, ranges, and migration routes; declare measures for implementation; designate an authority in charge of implementation; and procedures for settling disputes. (17) Appendix I of the Convention lists the endangered migratory species while appendix II lists migratory species that are subject to Agreements.  There has also been a scientific council established to provide advice on scientific matters and research. (18)
The Conference of The Parties, as explained in article VII, is the decision making organ of the convention.(19)  The conference of the parties has representatives from all the member states has well has participation from IGO's and they meet every two to three years.   
The outputs of the Convention so far have been considerable.  This Convention has sparked a lot of activity and action of the preservation of many migratory species and it has produced strong results.  The Bonn convention has worked together with it's members, non-member states and many IGO's to protect endangered species such as the seals in the Wadden Sea (1990), Small Cetaceans of the Baltic North Seas (1991), Bats in Europe (1991), African Eurasian Migratory Waterbirds (1995), Siberian Cranes (1993), Marine Turtles, Great Bustards in Central Europe, Sahelo-Saharan Antelopes, and many more. (20)
All of the animals mentioned above were addressed in specific Agreements signed by range states that have helped to preserve and protect and which are continually being revisited to make amendments and to check on their progress.  The fact that there has been such a close relationships between the Convention and IGO's has made implementing Agreements and gathering information much more successful. (21)  The Bonn Convention Agreements spell out actions that need to be taken by the member range states directly as minimum protections, some states may do more and that is allowed.
There are a few species that the Bonn convention is trying to preserve that are also being protected by other international organizations, that is why the Bonn Convention communicates frequently with other groups such as the Convention on Biological Diversity, Law Of The Sea, Ramsar, and CITES.  These groups collaborate and decide who is best fit to deal with certain species and when it is good to overlap. (22)

Part Three

DETAILED ANALYSIS OF THE TREATY TEXT (part 3) 1) Conference of the Parties The Conference of the Parties is the decision-making organ of the Convention. It establishes and keeps under review the financial regulations of the Convention. It adopts the budget for each financial period and reviews the implementation of the Convention. In particular, Conference of the Parties may review and access the conservation status of migratory species and the progress made towards their conservation; it provides guidance, receives reports and makes recommendations to the Parties. (23) The Conference of the Parties meets at intervals of not more than three years. So far, since the Convention on Migratory Species have entered into force in 1983, the Conference of the Parties has held following meetings: - COP1, Bonn, Germany (October 1985) - COP2, Geneva, Switzerland (October 1988) - COP3, Geneva, Switzerland (September 1991) - COP4, Nairobi, Kenya (June 1994) - COP5, Geneva, Switzerland (April 1997) - COP6, Cape Town, South Africa (November 1999) - COP7, Bonn, Germany (September 2002) 2.) Secretariat A Secretariat under the auspices of the United Nations Environment Programme (UNEP) (24) provides administrative support to the Convention. To the extent and in the manner Secretariat considers appropriate, he may be assisted by suitable intergovernmental or non-governmental, international or national agencies and bodies technically qualified in protection, conservation and management of wild animals. Secretariat has the following functions: a) to arrange for and service meetings: (i) of the Conference of the Parties, and (ii) of the Scientific Council; b) to maintain liaison with and promote liaison between the Parties, the standing bodies set up under Agreements and other international organizations concerned with migratory species; c) to obtain from any appropriate source reports and other information which will further the objectives and implementation of this Convention and to arrange for the appropriate dissemination of such information; d) to invite the attention of the Conference of the Parties to any matter pertaining to the objectives of this Convention; e) to prepare for the Conference of the Parties reports on the work of the Secretariat and on the implementation of this Convention; f) to maintain and publish a list of Range States of all migratory species included in Appendices I and II; g) to promote, under the direction of the Conference of the Parties, the conclusion of Agreements, h) to maintain and make available to the Parties a list of Agreements and, if so required by the Conference of the Parties, to provide any information on such Agreements; ) to maintain and publish a list of the recommendations made by the Conference of the Parties. j) to provide for the general public information concerning this Convention and its objectives; and k) to perform any other function entrusted to it under this Convention or by the Conference of the Parties. (25) 3.) Subsidiary Bodies Scientific Council provides advice on scientific matters. Any Party may appoint a qualified expert as a member of the Scientific Council. In addition, the Scientific Council shall include as members qualified experts selected and appointed by the Conference of the Parties; the number of these experts, the criteria for their selection and the terms of their appointments shall be as determined by the Conference of the Parties. The Scientific Council shall meet at the request of the Secretariat as required by the Conference of the Parties. The Scientific Council shall establish its own rules of procedure. Functions of Scientific Council include: a) providing scientific advice to the Conference of the Parties, to the Secretariat, and, if approved by the Conference of the Parties, to any body set up under this Convention or an Agreement or to any Party; b) recommending research and the co-ordination of research on migratory species, evaluating the results of such research in order to ascertain the conservation status of migratory species and reporting to the Conference of the Parties on such status and measures for its improvement; c) making recommendations to the Conference of the Parties as to the migratory species to be included in Appendices I and II, together with an indication of the range of such migratory species; d) making recommendations to the Conference of the Parties as to specific conservation and management measures to be included in Agreements on migratory species; and e) recommending to the Conference of the Parties solutions to problems relating to the scientific aspects of the implementation of this Convention, in particular with regard to the habitats of migratory species. (26) 4.) Provisions for amending the treaty This Convention may be amended at any ordinary meeting of the Conference of the Parties. Any Party may make proposals for amendment. The test of any proposed amendment must be communicated to the Secretary at least 150 days before the meeting at which it is to be considered and be communicated by the Secretary to all Parties. Any comments on the text by the Parties shall be communicated to the Secretariat not less than 60 days before the meeting begins. The Secretariat shall, immediately after the last day for submission of comments, communicate to the Parties all comments submitted by that day. Amendments must be adopted by a two-thirds majority of Parties present and voting. An amendment adopted must enter into force for all Parties, which have accepted it on the first day o the third month. Amendments shall be adopted by a two-thirds majority of Parties present and voting. An amendment to the Appendices shall enter into force for all Parties 90 days after the meeting of the Conference of the Parties at which it was adopted. (27) 5.) Financial Mechanism The financial mechanisms of this treaty are established in Article 22 of the Convention Text. In this article, it authorizes the COP, as the primary decision-maker in the allocation of the funds. The Conference of the Parties shall establish and keep under review the financial regulations of this Convention. The Conference of the Parties shall, at each of its ordinary meetings, adopt the budget for the next financial period. Each Party shall contribute to this budget according to a scale to be agreed upon by the Conference. Financial regulations, including the provisions on the budget and the scale of contributions as well as their modifications, shall be adopted by unanimous vote of the Parties present and voting. Voluntary contributions may also be made by the Parties of the Convention that are of developed countries. (28) 6.) Entry into Force In Article XVIII, entry into force is established. For each State or each regional economic integration organization which ratifies, accepts or approves this Convention or accedes there to after the deposit of the fifteenth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the third month following the deposit by such State or such organization of its instrument of ratification, acceptance, approval or accession. (29) As soon as this Convention enters into force, a certified copy thereof shall be transmitted by the Depositary to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.(30) In witness whereof the undersigned, being duly authorized to that effect, have signed this Convention. 

Part Four

ENDNOTES 

1. http://www.defra.gov.uk/wildlife-countryside  2.http://www.defra.gov.uk/wildlife-countryside/gwd/exotic/cms.htm  3.http://www.dfa.gov.za/for-relations/multilateral/treaties/cms.htm  4.http://www.wcmc.org.uk/cms/ (http://www.wcmc.org.uk/cms/-Appendix I & II)  5.http://www.unep-wcmc.org/AEWA/eng/backgr.htm 6.http://www.unep-wcmc.org/AEWA/eng/agree/agree_text.htm  7.http://www.unep-wcmc.org/AEWA/eng/MOP1_papers.htm  8.http://www.wetlands.agro.nl/waterbird_monitoring/AEWA-GEF.html  9.www.defra.gov.uk/wildlife-countryside/gwd/exotic/bonnreport.htm  10.www.defra.gov.uk/wildlife-countryside/gwd/exotic/bonn2002.pdf  11.www.wetlands.agro.nl/waterbird_monitoring/AEWA-GEF.html  
12. 'Guide on The Convention on the Conservation of Migratory Species of Wild Animals,' UNEP      ( January, 2002), available at <http://www.unep-wcmc.org/cms/pdf/CMS_Guide_Jan02_en.pdf>
13. 'Guide on The Convention on the Conservation of Migratory Species of Wild Animals,'  UNEP     ( January, 2002), available at <http://www.unep-wcmc.org/cms/pdf/CMS_Guide_Jan02_en.pdf>
14. Bjorke, Ake and Saevre, Rune, 'The Bonn Convention,' GRIDA (April 9, 2002), available at <http://www.grida.no.prog.norway/convention/bonn/>
15. 'Protection of Nature and Biodiversity, The Bonn Convention,' EUROPA  available at <http://europa.eu.int/scadplus/leg/en/lvb/128051.htm>
16. 'Protection of Nature and Biodiversity, The Bonn Convention,' EUROPA  available at <http://europa.eu.int/scadplus/leg/en/lvb/128051.htm>
17. 'Environmental Treaties and Resource Indicators,' UNEP Summary File, available at <http://sedac.ceisin.org/entri/register/reg-098.rrr.html>
18. 'Convention On The Conservation of Migratory Species of Wild Animals,'
(with Appendices as Amended 1985, 1988), available at <http://www.tufts.edu.departments/fletcher/multi/texts/BH752.txt>  
19. 'Guide on The Convention on the Conservation of Migratory Species of Wild Animals,' UNEP      ( January, 2002), available at <http://www.unep-wcmc.org/cms/pdf/CMS_Guide_Jan02_en.pdf>
20. 'Guide on The Convention on the Conservation of Migratory Species of Wild Animals,' UNEP      ( January, 2002), available at <http://www.unep-wcmc.org/cms/pdf/CMS_Guide_Jan02_en.pdf>
21. 'Guide on The Convention on the Conservation of Migratory Species of Wild Animals,' UNEP     ( January, 2002), available at <http://www.unep-wcmc.org/cms/pdf/CMS_Guide_Jan02_en.pdf>
22. http://www.biodiv.org/convention/partners-websites.asp (21)    23.http://www.wcmc.org.uk/cms/ (Convention Text-Article VII) (22) 24.http://www.wcmc.org.uk/cms/ (Convention Text-Article IX) (23) (24) 25.http://www.wcmc.org.uk/cms/ (Convention Text-Article X) (25) 26.http://www.wcmc.org.uk/cms/ (Convention Text-Article XV) (26) 27.http://www.wcmc.org.uk/cms/ (Convention Text-Article XVIII) (27) Hunter, 28-30.David et al, International Environmental Law and Policy (Foundation Press, 2002)