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Conventions and Policies

Background

Two conventions frame the work of this cross-departmental group: the Convention on International Trade in Endangered Species (CITES) and the Convention on Biological Diversity (CBD). We do also keep a watching brief on other areas, in particular any relevant activities carried out under the auspices of the Food and Agriculture Organisation (FAO) Commission on Genetic Resources and the United Nations Convention to Combat Desertification (UNCCD). However, it is the CBD and CITES which define our day-to-day work.

This convention was established in 1973 with the aim of regulating and monitoring, by a permit system, the international trade in plants and animals threatened, or potentially threatened in the wild by such trade. Today there are over 160 Parties to this UNEP-backed (United Nations Environment Programme) Convention. Within the European Union, CITES is implemented by the 25 member States through a series of Wildlife Trade Regulations that are stricter than the basic CITES controls. Each Party has a Management Authority (MA): a government department responsible for CITES policy issues and for administering and issuing permits. In the UK this is the Department of Environment, Food, and Rural Affairs (Defra). Each country should also have at least one Scientific Authority (SA). Kew is the UK SA for plants. The main tasks of the SA are:

·        to provide independent scientific advice to the UK MA on applications for CITES permits and on aspects of the European Union Regulations implementing CITES within member States

·        to undertake research into key plant groups affected, or that may become affected, by trade and CITES legislation

·        to work with and train enforcement officials on the inspection, holding and disposal of detained or seized CITES material

·        to represent the Scientific Authority at technical meetings including the CITES Plants Committee, Conference of the Parties and the Scientific Review Group of the European Union

This convention is both an international treaty – and thus a source of international law – and an institutional framework for the continual development of legal, policy and scientific initiatives on biological diversity. The CBD covers all components of biological diversity, from ecosystems and habitats, species and communities to genomes and genes, and it deals not only with the conservation of biological diversity in situ and ex situ, but also with its sustainable use and the sharing of benefits arising from its use. The entry into force of the CBD in December 1993 and its subsequent ratification by 188 Parties provides a new mandate for botanic gardens and presents them with both policy and practical implications. The UK is a Party to the CBD and Kew as a UK institution is expected to abide by the treaty’s principles and any national law related to its implementation. Kew plays a global role in plant conservation, taxonomy, education, training, sustainable use and access and benefit-sharing and thus contributes actively to the CBD’s goals and programmes such as the Global Strategy for Plant Conservation (GSPC) and the Global Taxonomy Initiative. Kew works in partnership with institutions and governments in many countries, and advises the UK Government on CBD policy and practice.

In 2001-2005, Kew’s international work in conservation and science involved collaborative fieldwork in over 50 countries, many of which are developing new laws since the CBD came into force. In order to ensure its use and exchange of material are in line with the CBD’s provisions and national laws, Kew has developed and updated its CBD implementation procedures to guide staff in their efforts to obtain fieldwork and export permits and permissions from the relevant authorities, and agree use and benefit-sharing with local partners. Kew’s partnerships are normally covered by written agreements that set out the scope of collaboration, use of material and benefit-sharing.  Standard exchange documents have been developed and revised for supply of material between institutions. Kew continues to be a centre of practical expertise on access and benefit-sharing and works actively with other botanical institutions worldwide to develop best practice and exchange ideas and experiences.

Kew has played a leading role in the development and implementation of the GSPC at international and national levels. Kew’s activities contribute significantly to the majority of the GSPC targets. At the international level, Kew has led the stakeholder consultation on Target 1, a list of known plant species, while the global achievement of Target 8 on ex situ conservation and recovery programmes provides the major focus for the Millennium Seed Bank. Kew has also organised a major GSPC workshop in East Africa (Target 15). At the national level, Kew is one of the key partners in the co-ordination and delivery of the Plant Diversity Challenge, the UK’s response to the GSPC. Kew’s contributions to the GSPC targets are delivered by many of the science teams and therefore they will not be discussed in further detail here.

Kew continues to provide advice and guidance to the UK Government and international community on other areas of the CBD, such as the work programmes on drylands biodiversity and mountain diversity, and the cross-cutting issues of technology transfer, invasive alien species and the Global Taxonomy Initiative.

CITES

The Conventions and Policy Section has its origins in the Kew Conservation Unit established in 1973 to gather the information required to brief governmental and major non-governmental decision makers. This was in response to a need identified during the negotiations to establish CITES. Kew was formally made CITES Scientific Authority in 1976 by the UK Government.

The development of the Section’s CITES expertise has hinged on the science base of Kew. We have used this expertise to provide independent high quality advice to policy makers in the UK Government, European Union and in the main CITES arena. To this is added the Section’s expertise on wildlife trade legislation, the knowledge gained in day-to-day practical implementation of the convention and our experience in capacity building. This combination of expertise puts Kew in a unique position. We are able to see where the Convention works and where it does not. We can therefore advise on policy and the practical implementation of that policy. This is critical to the long term development of the Convention.

Kew expertise has been widely used in the Convention in such areas as the revision of the criteria for listing species on CITES, the review of the CITES Appendices (to decide what species should be removed from control) and the identification of species that are significantly threatened by trade. As members of the UK delegation at meetings of the CITES Conferences of the Parties (CoP) and Technical Committees, CAPS staff are frequently asked to chair working groups or negotiate with other countries on behalf of the European Union. For example, at CoP 12 in Santiago, Chile in 2002, the Kew representatives on the UK delegation prepared the final European Union briefing and speaking notes on the listing of South American Mahogany which were then presented by the Danish Presidency and the UK Environment Minister Elliot Morley. At CoP 13 in Bangkok, Thailand in 2004, the Kew representatives on the UK delegation were the major contributors to the EU briefing and speaking notes for the plant agenda points. At the same meeting Elliot Morley formally launched two of the CITES User’s Guides.

CBD

In 1994, a consultant carried out a review of the implications for Kew of the CBD. During this work it became apparent that at least one full-time member of staff was needed to help Kew use its strengths to take the opportunities presented by the CBD and develop policies to avoid the risk of falling behind international best practice, as falling behind could inhibit Kew’s science in the future. The CBD Officer post and the CBD Unit was created in 1996 to:

·        contribute to the development and implementation of Kew’s CBD policies

·        provide advice to Defra and others on CBD implementation

·        influence international and national legislation and policy on access and benefit-sharing

·        develop Kew as a centre of expertise on the CBD through collaboration with other organisations

In the 1996 to 2000 period the CBD Unit, led by Kerry ten Kate, established the first internal policies and practices for implementing the CBD at Kew, established a series of agreements with our overseas partners, led in the international arena on access and benefit-sharing and became a key source of advice to the UK Government. A key project sponsored by the Department for International Development (DFID) at this time was the development of the Principles on Access to Genetic Resources and Common Policy Guidelines. Bringing together 28 botanic gardens from 21 countries, the project developed a harmonised approach for the participating gardens on access to genetic resources and the sharing of benefits, including the development of model material transfer agreements and a guidance manual. Thus, the foundations of Kew’s response to the opportunities and responsibilities of the CBD were laid by Kerry ten Kate and her small team.

In the 2001 to 2005 period we have concentrated on building the framework for internal implementation of the CBD at Kew, putting in place practical mechanisms to facilitate access and benefit-sharing. The reorganisation of the Overseas Fieldwork Committee and the associated vetting procedures provides a practical mechanism for screening all fieldwork and ensures staff are properly briefed on permit requirements. Internal policies are refined on the basis of feedback from staff and partners. Some 60 agreements, covering 31 countries, are now in place and have been negotiated to meet the needs of Kew and our partners. The intranet CBD Staff Guide was designed and launched to facilitate staff understanding of CBD issues and how we implement the CBD on an institutional basis. In addition a comprehensive staff training programme on CITES, CBD and Plant Health was implemented and targeted key staff from all Kew departments, including Kew Enterprises. The CBD for Botanists was produced to provide a user guide for scientific institutions on the application of the CBD. In addition, Kew maintained an important bridgehead in the international arena with CAPS staff attending key meetings as a member of the UK delegation and linking with our overseas partners and colleagues from the international botanical garden and research community.

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