Options for governing the microbial commons informed by the need to

bridge the 1993 CBD divide

Microbial Commons National Academy of Science

October 8-9, 2009Washington

Michael Halewood

Article 15. Access to Genetic Resources

1. Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation.

3. […] only those that are provided by Contracting Parties that are countries of origin of such resources or by the Parties that have acquired the genetic resources in accordance with this Convention.

4. […] on mutually agreed terms […]

5. […] subject to prior informed consent

% of collections acquired before/after CBD

1993

50%50%

How to get post 1993 acquisitions into the commons?

1993

Total Accessions Acquired-All Centers

0

5000

10000

15000

20000

25000

30000

35000

40000

1980 1983 1986 1989 1992 1995 1998 2001 2004

Year

Acqu

ired

Accessions acquired

Bridging the 1993 divide

1993

Intergovernmental space/support

• International Treaty (e.g. ITPGRFA)• In-trust agreements between collections or

countries and intergov body (CGRFA, 1994 FAO-CGIAR)

• Non-legally binding guidelines, codes of conduct (FAO International code of conduct for plant germplasm collecting and transfer, Bonn Guidelines)

• Some form of endorsement of novel arrangements

Intergovernmental Fora?

All options have to be considered in the context of the ongoing negotiations of the International Regime under the CBD

International Regime draft text on ‘scope’

• 4. [The International Regime on Access and Benefit-sharing should provide [[flexibility] to respect] existing [and allow for the implementation and potential and further development of other, more] [specialized international access and benefit-sharing systems].] [The international regime on access and benefit-sharing will not apply if and in so far as [determined by the Governing Body of the international regime,] other more specialized international access and benefit-sharing systems apply.] [Nothing in the international regime will prevent the development, recognition and accommodation of intergovernmental agreements relating to access and benefit-sharing [, which as determined by the Governing Body of the international regime,] [achieves] that achieve the objectives of the Convention on Biological Diversity and are consistent with the provisions of the international regime.]

Intergovernmental Fora

CGRFA work on ABS

http://www.fao.org/nr/cgrfa/cgrfa-mypow/en/?no_cache=1

Intergovernmental fora

• Coordinated outputs at multiple fora

– CBD, CGRFA, UNFCC, WHO

• Thank you