[Weekly Compilation of Presidential Documents Volume 29, Number 47 (Monday, November 29, 1993)]
[Pages 2417-2418]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Message to the Congress Transmitting the Convention on Biological
Diversity
November 19, 1993
To the Senate of the United States:
I transmit herewith, for the advice and consent of the Senate to
ratification, the Convention on Biological Diversity, with Annexes, done
at Rio de Janeiro, June 5, 1992, and signed by the United States in New
York on June 4, 1993. The report of the Department of State is also
enclosed for the information of the Senate.
The final text of the Convention was adopted in Nairobi by the
Intergovernmental Negotiating Committee for a Convention on Biological
Diversity (INC) on May 22, 1992. The INC was preceded by three technical
meetings of an Ad Hoc Working Group of Experts on Biological Diversity
and two meetings of an Ad Hoc Working Group of Legal and Technical
Experts. Five sessions of the INC were held, from June 1991 to May 1992.
The Convention was opened for signature at the United Nations Conference
on Environment and Development in Rio de Janeiro on June 5, 1992.
The Convention is a comprehensive agreement, addressing the many
facets of biological diversity. It will play a major role in stemming
the loss of the earth's species, their habitats, and ecosystems through
the Convention's obligations to conserve biodiversity and sustainably
use its components as well as its provisions that facilitate access to
genetic resources and access to and transfer of technology so crucial to
long-term sustainable development of the earth's biological resources.
The Convention will also create a much needed forum for focusing
international activities and setting global priorities on biological
diversity.
The objectives of the Convention as set forth therein are the
conservation of biological diversity, the sustainable use of its
components, and the fair and equitable sharing of benefits arising out
of the utilization of genetic resources. These objectives are
implemented through specific provisions that address, inter alia,
identification and monitoring, in situ and ex situ conservation,
sustainable use, research and training, public education and awareness,
impact assessment, access to genetic resources, access to and transfer
of technology, technical and scientific cooperation, handling of
biotechnology and distribution of its benefits, and financing.
Economic incentives will help all Parties achieve the environmental
benefits of conservation and sustainable use of biological diversity.
The Administration thus supports the concept that benefits stemming from
the use of genetic resources should flow back to those nations that act
to conserve biological diversity and provide access to their genetic
resources. We will strive to realize this objective of the Convention.
As recognized in the Convention, the adequate and effective protection
of intellectual property rights is another important economic incentive
that encourages the development of innovative technologies, improving
all Parties' ability to conserve and sustainably use biological
resources. The Administration will therefore strongly resist any actions
taken by Parties to the Convention that lead to inadequate levels of
protection of intellectual property rights, and will continue to pursue
a vigorous policy with respect to the adequate and effective protection
of intellectual property rights in negotiations on bilateral and
multilateral trade agreements. In this regard, the report of the
Department of State provides a detailed statement of the
Administration's position on those provisions of the Convention that
relate to intellectual property rights.
Biological diversity conservation in the United States is addressed
through a tightly woven partnership of Federal, State, and private
sector programs in management of our lands and waters and their resident
and migratory species. There are hundreds of State and Federal laws and
programs and an extensive system of Federal and State wildlife refuges,
marine sanctuaries, wildlife management areas, recreation areas, parks,
and forests. These existing programs and authorities are considered
sufficient to enable any activities necessary to effectively implement
our responsibilities under the Convention. The Administration does not
intend to disrupt the existing balance of Federal and State authorities
through this Convention. Indeed, the Administration is committed to
expanding and strengthening these relationships. We
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look forward to continued cooperation in conserving biological diversity
and in promoting the sustainable use of its components.
The Convention will enter into force on December 29, 1993. Prompt
ratification will demonstrate the United States commitment to the
conservation and sustainable use of biological diversity and will
encourage other countries to do likewise. Furthermore, in light of the
rapid entry into force of the Convention, early ratification will best
allow the United States to fully represent its national interest at the
first Conference of the Parties.
I recommend that the Senate give early and favorable consideration
to this Convention and give its advice and consent to ratification,
subject to the understandings described in the accompanying report of
the Secretary of State.
William J. Clinton
The White House,
November 19, 1993.
Note: This item was not received in time for publication in the
appropriate issue.