ACCESS TO GENETIC RESOURCES ACCESS TO GENETIC RESOURCES
AND BENEFIT-SHARINGAND BENEFIT-SHARING
UNDER THE CONVENTION ON BIOLOGICAL DIVERSITYUNDER THE CONVENTION ON BIOLOGICAL DIVERSITY
byValérie Normand
Secretariat of the Convention on Biological Diversity
First ABS Capacity-building Workshop for AfricaCape Town, South Africa, 19-24 November 2006
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Outline
1. ABS provisions of the Convention
2. Major ABS developments • COP VI - Bonn Guidelines• WSSD• COP VII - International Regime• COP VIII
3. Outlook
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Provisions of the CBD
Objectives:• Conservation of biological diversity• Sustainable use of its components • Fair and equitable sharing of the benefits
arising out of the utilization of genetic resources
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Provisions of the CBD
Article 15 of the CBD• Sovereign rights of States over natural resources• Parties to facilitate access to genetic resources• Access subject to prior informed consent and
granted on mutually agreed terms• Parties to take measures to share benefits from
the utilization of genetic resources, on MAT
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Provisions of the CBD
Articles 16 (3)• Priority access to technologies for Parties
providing genetic resources Article 19 (1) (2)• Effective participation in biotechnological
research activities for Parties providing genetic resources
• Access to the results and benefitsarising from biotechnologies based upongenetic resources provided by these Parties
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Overview of developments
• COP IV established an expert group on ABS (1998)• COP-V established Open-ended Working Group on
ABS (2000)• COP-VI Bonn Guidelines on Access to Genetic
Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization (2002)
• COP-VII negotiation of an international regime on ABS (2004)
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Bonn Guidelines
Voluntary guidelines to assist Governments and stakeholders:Establishing legislative, administrative
or policy measures on access and benefit-sharing
Negotiating contractual arrangements for access and benefit-sharing
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Bonn Guidelines
I. General Provisions
II. Roles and responsibilities in ABS
III. Participation of stakeholders
IV. Steps in the ABS process
V. Other provisions
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Bonn Guidelines
Steps in the ABS process• Overall strategy • Prior Informed Consent
• Basic principles of PIC• Elements of PIC
• Mutually Agreed Terms• Basic requirements for MAT• Indicative list of MAT• Benefit-sharing
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Bonn Guidelines
Roles and Responsibilities• National Focal Point
to be designated by each Party• Competent National Authority
responsible for granting access • Users and Providers
Contracting Parties providing the genetic resource Providers Users Contracting Parties with users of genetic resources under their
jurisdiction
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Bonn Guidelines
Participation of stakeholders• Determined on a case by case basis• To be consulted and views taken into consideration:
When determining access, in MAT, in sharing of benefits In development of national strategy, policies or regimes
on ABS• National consultative arrangements• Involvement promoted by:
Providing informationProviding support for capacity-building
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Bonn Guidelines
Other provisions Incentives Accountability National monitoring and reporting Means for verification Settlement of disputes Remedies
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Development at WSSD
WSSD Plan of Implementation:• Par. 44(o) calls for action to “negotiate
within the framework of the Convention on Biological Diversity, bearing in mind the Bonn Guidelines, an international regime to promote and safeguard the fair and equitable sharing of benefits arising out of the utilization of genetic resources.”
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
COP 7 – February 2004
International Regime (decision VII/19D)Mandate: Working Group on ABS with
collaboration of Working Group on 8(j) to negotiate an international regime on access and benefit-sharing with the aim of adopting an instrument/instruments to implement the provisions in Articles 15 and 8(j) and the three objectives of the Convention (par. 1 of decision VII/19D)
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
COP 7 – February 2004
Terms of Reference of WG-ABS (decision VII/19D, Annex)• Process
Based on a gap analysis
• Nature one or more instruments legally-binding or non-binding
• Scope Access to genetic resources and sharing of benefits Traditional Knowledge in accordance with Article 8(j)
• Elements Consider list of possible elements for inclusion in the regime listed in decision
VII/19D, Annex, including existing instruments and processes
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
COP 7 – February 2004
Terms of Reference of WG-ABS (decision VII/19D, Annex)• Main issues covered by elements in annex to decision VII/19D
- Measures to ensure benefit-sharing (i),(ii), (iii), (v), (vi),(xiii),(xiv),
- Measure to facilitate access (iv)- Measures to ensure compliance with PIC and MAT (ix), (x),
(xi)- Protection of traditional knowledge (xv), (xvi), (xviii)- Compliance mechanisms (xx), (xxi)- Measures to facilitate implementation of the regime (viii),
(xix), (xxii)- Others (vii), (xii), (xxiii)
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
COP 7 – February 2004
Action Plan on Capacity-building • Adopted by COP 7 (decision VII/19F,
Annex)• to facilitate and support the development
of capacities for the effective implementation of the provisions of the Convention related to ABS
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
COP 7 follow-up
Two meetings of the WG on ABS• Third meeting of WG-ABS
Bangkok, Thailand, 14-18 Feb. 2005
• Fourth meeting of WG-ABSGranada, Spain, 30 Jan – 3 Feb. 2006
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
COP 8 developments
Decision VIII/4 AMandate of the Working Group on ABS renewed• Two meetings prior to COP 9• WG-ABS to complete its work before COP 10• Designation of co-chairs
Establishment of Group of Technical Experts on an internationally recognised certificate of origin/source/legal provenance
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Preparations for GTE
• Notifications for nomination of experts and observers and for submissions of views and information
• Selection of experts and observers based on nominations received
• Documentation for the meeting:• Agenda• Annotated agenda• Note by Executive Secretary• Compilation of submissions
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
GTE Terms of reference
Decision VIII/4C• Consider the possible rationale, objectives and the need for an
internationally recognised certificate of origin/source/legal provenance
• Define the potential characteristics and features of such an internationally recognised certificate
• Analyse the distinction between the options of certificate of origin/source/legal provenance and implications for achieving the objectives of Article 15 and 8(j)
• Identify associated implementation challenges
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Outlook
Group of Technical Experts, Lima, Peru, 22-25 January 2007 Working Group on ABS
- 5th meeting: 10-14 September 2007- 6th meeting: 21-25 January 2008COP 9
Bonn, Germany, May 2008
First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006
Thank you for your attention!