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!