7. Bonn Convention on the Conservation of Migratory Species, 1979 | Protecting Animals That Cross Borders by Nature

This is the 7th post in Environmental Law, Unit V — this post covers the Convention on the Conservation of Migratory Species of Wild Animals, universally known as the Bonn Convention or CMS, the international regime's dedicated instrument for animals whose very survival depends on crossing multiple countries.

The Problem This Topic Solves

A migratory bird, whale, sea turtle, or bat may spend its breeding season in one country, its non-breeding season in another thousands of kilometres away, and pass through several more during migration itself. No single country's wildlife protection law — however strong — can protect such a species if even one country along its route fails to conserve it or allows it to be hunted or its habitat destroyed; a species can be perfectly protected in nine countries and still be driven toward extinction by unregulated killing in a tenth. This problem is structurally different from ordinary transboundary pollution (this unit's first post) because the "harm" here is the failure to cooperate in conservation across the entire range of a species' movement, not a single polluting act — and it required treaty machinery specifically designed to coordinate all the countries a migratory species passes through, called its "range states".

Note — Correcting a Common Naming Confusion

This treaty is frequently, and inaccurately, referred to as covering only migratory birds. Its actual, correct title is the Convention on the Conservation of Migratory Species of Wild Animals, and it covers the full range of migratory wildlife — birds, but also whales, dolphins, sea turtles, bats, and land mammals such as certain antelope species. It was signed at Bonn, in what was then West Germany, on 23 June 1979, and entered into force on 1 November 1983 — a decade before the Rio Earth Summit, and it should not be confused with any 1992-dated instrument.

How the Convention Is Structured — Two Appendices and "Daughter" Agreements

The Bonn Convention organises its protection through two Appendices. Appendix I lists migratory species that are endangered throughout all or a significant part of their range; for these, range states must endeavour to conserve and, where feasible and appropriate, restore the habitats important to the species, prevent, remove, or minimise obstacles seriously impeding migration, control other factors endangering the species, and — subject to narrow exceptions — prohibit the taking of these species altogether. Appendix II lists migratory species that either have an unfavourable conservation status or would significantly benefit from international cooperation, even if not yet endangered; for these species, the Convention does not impose direct obligations of its own but instead encourages range states to negotiate separate, more detailed regional or species-specific "Agreements". This makes the Bonn Convention function as an "umbrella" framework rather than a single self-contained regime — well-known daughter agreements concluded under it include the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) and the Agreement on the Conservation of Albatrosses and Petrels (ACAP), alongside numerous non-binding Memoranda of Understanding for specific species such as marine turtles, dugongs, and birds of prey.

India's Role Under the Convention

India became a Party to the Bonn Convention in 1983 and has since played an increasingly prominent role in its work — most notably by hosting the 13th Conference of the Parties to the CMS (CMS COP13) in Gandhinagar, Gujarat, in February 2020, where parties adopted the "Gandhinagar Declaration" and India assumed the Presidency of the Convention for the following three-year term. India has also championed the concept of the Central Asian Flyway, a major migratory bird route passing through India that lacks its own dedicated daughter agreement (unlike the African-Eurasian Flyway covered by AEWA), and has worked within the Convention's framework toward developing a coordinated conservation plan for it.

• Correct title: Convention on the Conservation of Migratory Species of Wild Animals — covers all migratory wild animals, not birds alone; signed at Bonn, 23 June 1979; in force from 1 November 1983.
• Appendix I: endangered migratory species — strict protection, habitat conservation, and (with narrow exceptions) a prohibition on taking.
• Appendix II: migratory species benefiting from international cooperation — the Convention encourages, rather than directly mandates, separate regional/species-specific "Agreements" among range states.

• Well-known daughter agreements concluded under the Bonn Convention "umbrella" include AEWA (African-Eurasian Migratory Waterbirds) and ACAP (Albatrosses and Petrels).
• India became a Party in 1983 and hosted CMS COP13 in Gandhinagar, Gujarat, in February 2020, adopting the "Gandhinagar Declaration" and assuming the Convention's Presidency.
• India has promoted development of a coordinated conservation approach for the Central Asian Flyway migratory bird route, which currently lacks its own dedicated daughter agreement.

A Practical Example

Suppose a species of migratory crane breeds in Siberia, winters in India, and passes through several Central Asian countries along the way. If Indian law fully protects the crane's wintering habitat but one of the transit countries permits unregulated hunting along the migration route, the species can still decline toward extinction despite India's own efforts. The Bonn Convention's answer is not to give India (or any single country) legal power over another country's territory, but to bring all the range states together — potentially through a dedicated Central Asian Flyway agreement of the kind India has been pushing for — so that habitat protection and hunting regulation are coordinated across the crane's entire migratory route, not just the portions within any one country's control.

Quick Revision Points

• Bonn Convention (CMS) — full title: Convention on the Conservation of Migratory Species of Wild Animals; signed Bonn, 23 June 1979; in force 1 November 1983.
• Covers all migratory wild animals, not birds alone — a common naming error to avoid.
• Appendix I: endangered species, strict protection, taking generally prohibited. Appendix II: species benefiting from cooperation, addressed via separate daughter Agreements.
• Daughter agreements: AEWA, ACAP, and various species-specific MoUs.
• India: Party since 1983; hosted CMS COP13, Gandhinagar (February 2020); championing the Central Asian Flyway.