The Tiered Approach to MGR Governance in ABNJ · Improve MGR sample conservation & curation with...
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The Tiered Approach to MGR Governance in ABNJ Fran Humphries, Hiroko Muraki Gottlieb, Morten Walloe Tvedt August 2019 Contact: [email protected]
Transcript of The Tiered Approach to MGR Governance in ABNJ · Improve MGR sample conservation & curation with...
The Tiered Approach to MGR Governance in ABNJ
Fran Humphries, Hiroko Muraki Gottlieb, Morten Walloe Tvedt August 2019
Contact: [email protected]
The CBD’s bilateral concept of Access and Benefit Sharing (ABS)
Humphries, Muraki Gottlieb, Tvedt
The Plant Treaty’s multilateral concept of ABS
Source: FAO 2011, ‘Introduction to the International Treaty on Plant Genetic Resources for Food and Agriculture’ p. 108
Access to in situ MGRs of ABNJ
PIC of State with in situ MGRs
Benefit Sharing – all MGRs of ABNJ
Prior informed consent and Mutually Agreed Terms
Unique identifier and reporting system
Patent law (e.g. disclosure of
origin)
Notification system
Access to in silico MGRs of ABNJ
Access to ex situ MGRs of ABNJ
Access to traditional knowledge
Monetary (subject to embargo)
‘free and open’
Humphries, Muraki Gottlieb, Tvedt
Permit/licensing system
Identifier assigned to collected MGRs
Identifier assigned upon list submission by repository
Identifier assigned upon list submission by database‘facilitated’
Monitoring – all MGRs of ABNJ
Non-monetary including deposit of samples and data
in open access platforms
Draft Text Framework (as at July 2019)
Draft text approach Tiered Approach
Heavy reliance on the CBD access and benefit sharing (ABS) conceptas a governance tool
Broader conservation and sustainable use tools and integration with other ILBI elements
Importing CBD values (fairness & equity)
UNCLOS values driven approach(fairness, equity & efficiency)
Subject matter approach to ABS and monitoring (in situ, ex situ, in silico, traditional knowledge)
Activities approach to ABS and monitoring (collection, research/development and market engagement)
One size fits all model for benefit sharing
Benefit sharing tiers based on proportionality, equity and efficiency
Key differences between draft text approach and Tiered Approach
Humphries, Muraki Gottlieb, Tvedt
ABNJ Activity Notification System
ABMTTier 1 ABNJ exploration /collection
Origin Tracing and Information Sharing system
MGRs EIA
Tier 5 Use of MGRs in ABNJ
Identification of relevant TK knowledge holders
National ABS laws & benefit sharing initiatives independent of access
End-user approach to ABySSobligations
National ABS laws & benefit sharing initiatives independent
of access
ABNJ Aquaculture Regime
CB / TT MGRs ABMT EIA
Other future ecologically sustainable uses of MGRs in ABNJ
Tier 3 Research activities using DSI or NSD separately from the physical sample
CB / TT
Tier 2 Research activities concerning physical materials of ABNJ
‘In House’ approach to duplicate sample conservation
Incentives to deposit information into decentralised
network of databases
End-user approach to ABySSobligations
Passport data
optional
Tier 4 Access and use of traditional knowledge
TK identifier?
ABNJ Biosafety System
ABNJ Benefit Sharing System (ABySS) & Open Access Multilateral mechanism
Bulk collection identifier
National ABS laws & benefit sharing initiatives
independent of access
Humphries, Muraki Gottlieb, Tvedt
MGR governance options where benefit sharing is not dependent on ILBI access/use obligations
Targeted sui generis ABS with benefits dependent on access/use
Trip Identifier
Tier 1 ABNJ exploration /collection
Deposit MGRs and associated information into the targeted ABySS
‘open’ access network
Tier 5 Use of MGRs in ABNJ
Incentives for direct contributions to BS database
Capacity Building for developing countries to develop biosafety
frameworks
Improve MGR sample conservation & curation with
government, business & scientific community support
Tier 3 Access and use of information separate to the physical sample
Tier 2 Research activities concerning physical materials of ABNJ
MGR element linked with EIA, CBTT and ABMT elements
Increasing the stock of knowledge about MGRs and their ecosystems
Voluntary
Tier 4 Access and use of traditional knowledge
ABNJ Biosafety System
ABySS deposits = access to information and materials
ABySS withdrawals = monetary and non-monetary benefits if access is restricted to
the results of research
Mandatory contribution to the Benefit Sharing (BS) database (e.g. on-board
experience); Origin Tracing & Information Sharing Mechanism
Encourage benefits of MGR use under national law to flow to BS database or ILBI fund
Conservation outcomes Benefit sharing obligations not tied to ILBI access
Benefit sharing obligations tied to ILBI access
Increasing the stock of knowledge about MGRs and their ecosystems
Capacity Building for IPLCs
Humphries, Muraki Gottlieb, Tvedt
N/A
Depends on agreements protected under national laws
Thank you
Fran Humphries, Hiroko Muraki Gottlieb, Morten Walloe Tvedt August 2019
Contact: [email protected]
