Biodiversity: what lies ahead for companies?

May 22, 2024

Today, May 22nd, marks the the World Biodiversity Day. This date was established by the UN to celebrate the approval of the final text of the Convention on Biological Diversity (CBD) with the aim of raising awareness and sensitizing the population about biodiversity-related concerns.

 

So, what are we talking about? Biodiversity encompasses all living beings on our planet. According to the CBD’s definition, it is the variability of living organisms from all origins, including, among others, terrestrial, marine ecosystems, and other water ecosystems, as well as the ecological complexes they are part of. It also encompasses diversity within species, among species, and of ecosystems.

 

In Brazil, it is not a time for celebration as an unprecedented climate catastrophe ravages the state of Rio Grande do Sul, resulting in countless human and environmental losses, as well as hundreds of thousands of unsheltered people. However, this tragedy allows us to reflect on the issue.

 

The CBD was approved in 1992 at the UN Conference known as "ECO-92." A quick look at the CBD's 3 pillars is enough to show that the concerns and objectives remain highly relevant: the need for the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of economic benefits derived from the use of genetic resources.

 

It has been known for a while now that climate change is a serious and growing threat to human well-being and to a healthy planet, and that there is an interdependence among climate, biodiversity, and human beings.

 

This year, during COP 16, which will take place between October 21st and November 1st in Cali, Colombia, we will have another chance to change the course of history and restrain biodiversity loss. Everyone's perspective should be positive, focused on possibilities and opportunities.

 

The initial steps were defined within COP 15, initiated in China in 2018 and finalized in Canada in 2022, with the signing of the Kunming-Montreal Global Biodiversity Framework (CBD Decision 15/4) internationally referenced by the acronym GDF (Global Diversity Framework).

 

The new framework has four strategic long-term goals for 2050 and 23 action-oriented global targets for 2030. Among the targets, the innovative Target 15 stands out, as it encouraged States Parties, for the first time in history, to commit to taking administrative measures, creating rules or public policies to encourage and enable business, and in particular to ensure that large and transnational companies and financial institutions begin to regularly monitor, assess, and transparently disclose the implications of biodiversity loss on their businesses, as well as the risks, dependencies and impacts (positive or negative) of their activities on biodiversity. Its scope is quite ambitious as it aims to encompass supply chains.

 

In this context, we highlight the alignment of this discussion with Brazil's position in the G20 presidency to promote the so-called Bioeconomy, developing actions that ensure more sustainable production models. There is no doubt that the role of companies will be crucial for this transition to occur.

 

Although Target 15 has not yet been internalized in the Brazilian legal system, considering the binding force of CBD commands and its ancillary agreements, such as the Global Biodiversity Framework, the path envisioned is the voluntary adoption and mandatory adoption in the future. When considering the possibility of this monitoring becoming a future obligation, it is important to have clear rules to enable compliance.

 

Some companies are paying close attention to the issue, but their number is still small. There is still time for other companies to get informed and seek training as they may actively contribute to testing new methodologies in development and collaborate in adapting them to the Brazilian reality.

 

Target 15 should be seen as an opportunity for the private sector to actively implement the new framework and strengthen its businesses. The unlimited potential of the country's several economic activities can make the difference and join efforts in this equation. Once again, a window of opportunity is open. It is our duty to not let it close.

Publication produced by our Environmental Law