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Three days of negotiations on the Paris Agreement on the
conservation of gorillas and their habitats (the Gorilla
Agreement) under the Convention on Migratory Species of Wild
Animals (CMS) were held from 22 to 24 October 2007 in the Museum
of Natural History, Paris, France. The negotiations were hosted
by the Government of France and convened by the UN Environment
Programme (UNEP)/CMS Secretariat. Nine gorilla Range States
attended, together with representatives from donor States, UN
bodies, intergovernmental, regional and non-governmental
organizations, and scientific institutions.
On the morning of 22 October, participants heard welcoming and
introductory speeches and a presentation on the conservation of
gorillas. In the afternoon and throughout 23 and 24 October,
they reviewed and agreed the text of the Gorilla Agreement, as
well as a Resolution and the Final Act of the Meeting, which was
signed by five of the Range State delegates. The Gorilla
Agreement was signed by Ministers from the Central African
Republic and the Republic of Congo on Friday, 26 October 2007
during the meeting of the Congo Basin Forest Partnership (CBFP)
in the Natural History Museum, Paris.
The meeting on the Paris Agreement was one of four related
events held during the “Paris Primates” week of 22-26 October
2007, hosted by the French government. The Natural History
Museum in Paris was also the venue for meetings of the:
Francophone Primatologists; donors to the UNEP/UN Educational,
Scientific and Cultural Organization (UNESCO) Great Apes
Survival Project Partnership (GRASP); and Congo Basin Forest
Partnership (CBFP).
On a broader scale, the meeting also formed part of the “CMS
October Pentathlon,” with meetings to negotiate four other new
agreements under the auspices of the Convention, including:
Western African Talks on Cetaceans and Their Habitats (WATCH); a
new CMS agreement for the West African monk seal; negotiations
towards an agreement on migratory birds of prey in Africa, Asia
and Europe; and a meeting of Pacific and Indian Ocean range
states in Abu Dhabi on implementation of a CMS agreement
protecting the dugong (sea cow) throughout its southern ocean.
This briefing note provides highlights of the opening statements
and of key discussions and the outcomes of the negotiations.
References to article and paragraph numbers refer to the final
Agreement text which will be available on the CMS Convention
website shortly (http://www.cms.int).
OPENING OF THE MEETING
On Monday morning, participants elected as Chair, Samy Mankoto,
UNESCO, with Claude-Anne Gauthier, French Ministry of Foreign
Affairs, elected Vice-Chair. Delegates also adopted the meeting
agenda.
Stanley Johnson, CMS Ambassador, speaking on behalf of CMS
Executive Secretary Robert Hepworth, welcomed participants,
saying that the Gorilla Agreement will play a crucial role in
forming a framework to promote the survival and long-term
conservation of gorillas and their habitats. Noting the
potential economic benefits from gorilla tourism, he underscored
the challenge of ensuring that local people share in these
benefits.
Véronique Herrenschmidt, French Ministry of Ecology and
Sustainable Development, emphasized the emblematic nature of the
gorilla, and said that the ultimate objective is to ensure that
gorilla range states find the means to implement the Agreement.
Melanie Virtue, GRASP Secretariat,
referred to synergies between CMS and GRASP, with the CMS
Executive Secretary, Robert Hepworth, having been one of the
partnership’s founders. Outlining the nature of the partnership,
she highlighted activities towards assisting the government of
the Democratic Republic of Congo in relation to the current
crisis facing gorilla populations in that country.
Christophe Besacier, Congo Basin Forest Partnership (CBFP),
explained that the partnership was launched at the same time as
GRASP, at the World Summit on Sustainable Development in 2002.
Highlighting that the Congo Basin contains much of the range of
great apes, he outlined the different threats to these species,
including selective timber exploitation, mining, road building,
poaching, the agro-foodstuff industry and fires. He referred to
CBFP activities to address these threats including support for
the Congo Basin Forests Commission (COMIFAC) Convergence Plan,
combating poaching, improving governance, and applying an
integrated approach.
Chair Samy Mankoto outlined the work of UNESCO in great ape
conservation since the launch of GRASP, highlighting progress in
awareness raising, the first expert conference in November 2003,
and the adoption of the Kinshasa Declaration at the
Inter-governmental Meeting on Great Apes (IGM) and GRASP Council
meeting in Kinshasa, Democratic Republic of Congo, in September
2005. He also announced the intention to organize a tripartite
meeting towards a memorandum of cooperation on a transboundary
reserve between Rwanda, Uganda and the Democratic Republic of
Congo.
Patrick van Klaveren, Permanent Delegation relating to
International Scientific, Environmental and Humanitarian
Organizations, Principality of Monaco, lauded concerted efforts
in achieving progress so far on the Gorilla Agreement. He
emphasized the value of Agreements under the Convention’s
Article IV (Appendix II species) and of the collaboration,
harmonization and synergies enabled by CMS, and urged using the
potential of international law to the fullest extent possible.
Damien Caillaud, Max Planck Institute, Germany, presented a
detailed report on gorillas and their conservation status.
Emphasizing that there is “not just one gorilla in Africa,” he
described the four gorilla taxa and highlighted regional
differences and the variability of their ecological habitats,
morphology, dietary regime, social systems and behavioral
characteristics. On the conservation status of gorillas, he
described threats to the different taxa and emphasized the need
for concerted policies to preserve these gorillas and their
forest habitats.
THE GORILLA AGREEMENT NEGOTIATIONS
On Monday afternoon, Chair Samy Mankoto introduced the text of
the draft Gorilla Agreement, outlining the rules of procedure
for the negotiations and noting that the text had been
circulated in April 2007. Explaining that the objective was that
the Agreement would be signed by ministers during the CBFP
meeting on Friday 26 October, he also noted that the draft
action plan, originally to be discussed at the meeting, would be
presented for discussion and adoption at the first meeting of
the parties (MOP) of the Agreement during the conference of the
parties (COP) to CMS in November 2008.
DEFINITIONS AND SCOPE OF THE AGREEMENTS (ARTICLES I AND II): Delegates initially discussed and agreed on definitions and the
fundamental scope of the Agreement. Gabon questioned whether the
Agreement should refer to coordinated measures to “protect”
gorillas rather than “maintain them in a favorable conservation
status” and World Association of Zoos and Aquariums (WAZA),
explained that conservation is a broader concept than protection
and therefore appropriate. The text was agreed.
GENERAL CONSERVATION MEASURES (ARTICLE III):
Deliberations focused on addressing measures to be undertaken by the
Range States, with agreement to leave guidelines on specific
actions to the Action Plan. Delegates agreed on conserving all
populations of gorillas (paragraph1) and discussed language
affording the same “strict protection” as provided under the CMS
Convention Article III paragraphs 4 and 5 (Appendix I species)
(paragraph 2(b)). Uganda, supported by Cameroon, IUCN, Wildlife
Conservation Society and others, said that the exceptions such
as for subsistence use provided for in paragraph 5 would for the
most part not be appropriate for gorilla species. Gabon
preferred to maintain the exceptions, asking for clarification
on the impact on national legislation. Chair Samy Mankoto
clarified that the Agreement would prevail over national laws.
Several participants proposed language to delete reference to
these exceptions, and delegates approved language to this
effect.
On addressing threats posed by human activities
(paragraph 2(d)), WWF proposed including a reference to
addressing poaching, but Cameroon, supported by WCS, suggested
that this be addressed in a separate clause. Delegates
ultimately agreed to text proposed by Cameroon on coordinating
efforts to eradicate activities related to poaching,
particularly in transboundary habitats.
Against the background of the emergency concerning gorillas in
the Democratic Republic of Congo, delegates discussed how to
address international concerted action in emergency situations
(paragraph 2(e)). Uganda proposed clearly defining such
situations and providing guidelines so as to enable effective
action. Roseline Beudels-Jamar, CMS Scientific Council, and
Vice-Chair Claude-Anne Gauthier, noted that guidelines would be
specified in the action plan. Cameroon stressed that emergencies
were matters of national concern whereas Gabon suggested that
there were also situations requiring international action.
Following lengthy deliberations, including on whether to include
wildlife trafficking and human-gorilla conflict as an emergency
situation, and how to address situations where humanitarian
agencies do not take into account environmental priorities, it
was agreed that the action plan would contain a definition and
guidelines to be agreed by the MOP. Delegates agreed separate
text on ensuring that humanitarian agencies prioritize
environmental issues (paragraph (g)).
Delegates also agreed new text on: strengthening
law enforcement and judicial procedures; initiatives addressing
ebola; addressing human-gorilla conflicts through appropriate
land-use planning; ensuring that humanitarian agencies
prioritize environmental issues; training and awareness raising;
and development, harmonization and enforcement of national
policies.
IMPLEMENTATION AND FINANCING (ARTICLE IV):
On designation of the relevant implementation authorities and
focal point for the Agreement, Ian Redmond, GRASP, proposed
utilizing the GRASP focal point. The Democratic Republic of
Congo agreed, whereas the Republic of Congo proposed each
country find its own solution and, following further discussion,
this was agreed, with additional language on ensuring cross-sectoral
coordination.
On range state contributions to the Agreement budget (paragraph
2(a)), Range State delegates all expressed concern that the
Agreement specified contributions based on the UN scale of
assessment, stressing that this was unrealistic, the funding
would not be available and that such a commitment would not be
approved at the political level. Several urged deleting the
requirement to make contributions, others proposed making such
contributions voluntary. Central African Republic and Democratic
Republic of Congo referred to the lack of funding following the
GRASP Inter-governmental Meeting. Robert Hepworth proposed
utilizing the CMS Convention practice, in this case that the MOP
would agree the scale of contributions. Delegates agreed to this
suggestion, and also agreed to establish a conservation fund
based on voluntary contributions.
On text concerning the provision by parties of technical and
financial support to other parties to assist in implementation
of the Agreement (paragraph 4), several delegates, including
Cameroon, Gabon, and Angola expressed concern about the
reference to financial support, whereas others, including Uganda
and the Central African Republic, urged collaboration as well as
allowing support from regional blocks and other development
partners. Uganda noted the timeliness of African countries to
support each other in noble causes. The clause was agreed with
the deletion of “financial support” and adding text urging the
seeking of support from other States, agencies or
organizations.
MEETING OF THE PARTIES, TECHNICAL COMMITTEE AND SECRETARIAT
(ARTICLES V, VI and VII): It was agreed that the MOP would be the decision-making body of the
Agreement (Article V.1) and that the CMS Secretariat, as
depositary, would convene a meeting of the parties within a year
of the Agreement’s entry into force (Article V.2). Delegates
further agreed that the first MOP would, inter alia,
establish an Agreement secretariat within the CMS Secretariat
and the technical committee, as well as adopt the action plan.
Delegates agreed that the Technical Committee shall comprise one
representative of each range State, a representative of GRASP,
and experts, including one wild animal health expert (Article
VI.1). Article VII on the functions of the Agreement secretariat
was agreed with minor amendments.
ACTION PLAN (ARTICLE VIII):
Discussion on the action plan focused on WWF’s proposal to
include law enforcement and by Democratic Republic of Congo,
supported by Equatorial Guinea, to include the development of
local communities. On law enforcement, several Range State
delegates argued that this should be a matter of national
sovereignty, but Elizabeth Mrema, Division of Environmental Law
and Conventions, UNEP, explained that enforcement refers to
measures such as establishing judiciary and education to enable
the application of the laws. Delegates ultimately agreed to
specify additional actions to be included in the action plan on:
implementation and enforcement of gorilla conservation policies;
reduction of the impact of disease; sustainable development of
local communities; and reduction of human-gorilla conflicts.
RELATIONS WITH INTERNATIONAL BODIES (ARTICLE IX):
Discussions focused on the international bodies with which to
consult, with delegates adding, among others: the Lusaka
Agreement on Co-operative Enforcement Operations Directed at
Illegal Trade in Wild Fauna and Flora (1994), and the Treaty on
the Conservation and Sustainable Management of Forest Ecosystems
in Central Africa and to Establish the Central African Forests
Commission (2005). Ian Redmond, supported by UNEP and Cameroon,
proposed encouraging parties to join the Lusaka Task Force, in
particular in addressing wildlife trafficking. Some Range State
delegates however, preferred including such encouragement in an
informal statement, which was agreed. Reference was also
included to collaboration with GRASP and CBFP. WWF proposed
requiring the Agreement secretariat to take actions to
streamline reporting requirements under various processes, which
was also agreed.
GENERAL PROVISIONS (ARTICLES X TO XVII):
Discussion focused on the provisions relating to the signature
and entry into force of the Agreement, particularly on the legal
and practical requirements of signature, ratification and
accession. Ultimately delegates agreed on amended text allowing
two options for signature, either, subject to, or not subject to
ratification, acceptance or approval, in line with Range State
constitutional requirements. Delegates also agreed to: the CMS
Secretariat as the depositary of the Agreement (Article XVII.1);
preparation of a Spanish language version of the Agreement text
by the secretariat (Article XVII.2); the Agreement not being
subject to any reservations (Article XV); and an annex
specifying the Agreement’s geographic scope as the gorilla Range
States. It was also agreed that the Agreement would remain open
for signature in Paris for six months from 26 October 2007
(Article XIII.2).
Preambular text was agreed with no amendments, but a request by
the Democratic Republic of Congo to change the name of the
agreement to the Paris Agreement on the Conservation of Gorillas
and their Habitats, with a short title “the Gorilla Agreement,”
was agreed.
RESOLUTION ON INTERIM ARRANGEMENTS FOR THE GORILLA AGREEMENT:
Delegates then approved a Resolution on Interim Arrangements for
the Gorilla Agreement in the English and French languages
providing that the CMS Secretariat would perform interim
secretariat services, with CMS Executive Secretary Robert
Hepworth, supported by Uganda, explaining that the GRASP
Scientific Commission and other institutions would also be
closely involved. It was agreed that the Agreement would remain
open for signature for six months from 26 October 2007 to 25
April 2008 in Paris.
FINAL ACT OF THE NEGOTIATION MEETING TO ADOPT THE GORILLA
AGREEMENT: Delegates approved with minor amendments the Final Act of the
Negotiation Meeting to Adopt the Gorilla Agreement.
Immediately following the close of the meeting, delegates from
the Central African Republic, Democratic Republic of Congo,
Republic of Congo, Nigeria, and Uganda signed the Resolution and
Final Act.
SIGNATURE OF THE GORILLA AGREEMENT
On Friday 26 October 2007, during the meeting of the CBFP in the
Natural History Museum, Paris, the Gorilla Agreement was signed
by ministers from the Central African Republic, and Republic of
Congo, following a presentation by CMS Executive Secretary,
Robert Hepworth in which he emphasized the legally-binging nature of
the Agreement and lauded the gorilla Range State delegates on
the fact that the negotiations had been completed in “record
time.” He also invited all participants to sign the Paris
Gorilla Declaration on the Conclusion of an Agreement on the
Conservation of Gorillas and their Habitats as well as the
Forests Now Declaration sponsored by the Global Canopy
Programme, both of which were available for signature. Following
the signing ceremony, Henri Djombo, Minister of Forestry
Economy, Republic of Congo, after signing the Agreement, thanked
all those who had participated in the negotiations, stressing
the importance of great apes as part of a general conservation
programme.
Weblinks
CMS website
Gorilla Agreement website
Frency Ministry of Foreign and European Affairs website
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