CONVENTION ON THE CONSERVATION OF MIGRATORY SPECIES OF WILD ANIMALS

The Convention on the Conservation of Migratory Species of Wild Animals (CMS) was signed in Bonn in June 1979; it entered into force on November 1st, 1983. There are 84 countries party to the convention as of September 2003. The Convention (also known as the Bonn Convention) covers the protection of migratory species and their habitats and is the only global convention established exclusively for the conservation and management of migratory species. It is one of a small number of intergovernmental treaties concerned with the conservation of wildlife and wildlife habitats internationally. Although migratory species are generally included in the CBD and the UN Convention on the Law of the Sea (UNCLOS), these conventions do not provide for specific action for their conservation.

The Contracting Parties to the CMS proceeded from the following understandings:

>> The recognition that wild animals are an irreplaceable part of earth's natural system which must be conserved for the good of humankind;

>> The awareness that each generation holds the resources of the earth for future generations and has an obligation to ensure that this legacy is conserved and used wisely;

>> A consciousness of the ever-growing value of wild animals from environmental, ecological, genetic, scientific, aesthetic, recreational, cultural, educational, social and economic points of view;

>> A concern for species of wild animals that migrate across or outside national jurisdictional boundaries;

>> The recognition that nations are and must be the protectors of the migratory species of wild animals that live within or pass through their national jurisdictional boundaries;

>> The conviction that the conservation and effective management of migratory species of wild animals require the concerted action of all nations within the national jurisdictional boundaries of which such species spend any part of their life cycle.

The parties to the Convention have pledged to take measures for the protection and conservation of migratory species of wild animals, including their sustainable management. This is to be achieved on the basis of existing international legal norms by improving internationally coordinated conservation measures. Over 10,000 migratory species that are threatened with extinction or presently endangered are protected by the Convention.

The Convention encourages regional agreements for individual species or populations that are endangered but not presently threatened with extinction. These agreements should include legally binding provisions on the protection, conservation and sustainable management of the species and should coordinate cooperation between the relevant states. The main obligation of the parties to the CMS is to adopt measures to conserve migratory species and their habitat. Article II of the CMS states that parties:

>> Should promote, co-operate in and support research relating to migratory species;

>>
Shall endeavour to provide immediate protection for migratory species included in Appendix I;

>> Shall endeavour to conclude agreements covering the conservation and management of migratory species included in Appendix II.

Additionally, as stated in the Convention text, parties that are 'range states' of migratory species listed in Appendix I have an obligation to: conserve and, where feasible and appropriate, restore those habitats that are of importance in removing the species from danger of extinction; prevent, remove, compensate for or minimize, as appropriate, the adverse effects of activities that seriously impede or prevent the migration of the species; and to the extent feasible and appropriate, to prevent, reduce or control factors that are endangering or are likely to further endanger the species, including strictly controlling the introduction of, or controlling or eliminating, already introduced exotic species. Range states are also obligated to prohibit animals belonging to species listed in Appendix I from being taken from their home territories. Exceptions to this prohibition include: removal for scientific purposes; measures to enhance the propagation or survival of the affected species; measures to accommodate the needs of traditional subsistence users of such species.

Migratory species of wild animals, although they represent a fraction of total biodiversity, are a significant portion of the world’s genetic resources. They have evolved intricate interrelationships – in many cases still to be fully understood – with resident plant and animal species. They play a unique role as indicators for the interdependence between ecosystems and are especially vulnerable as a result of their long migrations. The flexible approach of the CMS has an appeal for countries that may wish to continue utilization of some migratory species. The listing of a particular population of a species in Appendix I creates certain obligations in those range states where the need is greatest, without necessarily requiring the same stringent measures to be enacted in other range states where populations are healthy.

A Secretariat of the United Nations Environment Programme (UNEP) provides administrative support to the Convention. The decision-making organ of the Convention is the Conference of the Parties (COP). A Standing Committee provides policy and administrative guidance between the regular meetings of the COP. A Scientific Council consisting of experts appointed by the COP gives advice on technical and scientific matters.

 

Online resources:

CMS homepage

 

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