ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE CONVENTION ON BIOLOGICAL DIVERSITY RECENT DEVELOPMENTS ON ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE CONVENTION ON BIOLOGICAL DIVERSITY by John Scott Secretariat of the Convention on Biological Diversity

Outline 1.ABS provisions of the Convention 2.Major ABS developments COP VI - Bonn Guidelines WSSD COP VII - International Regime COP VIII 3.Outlook

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

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

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)

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

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.

COP 7 – February 2004 International Regime (decision VII/19D) Mandate: Working Group on ABS with collaboration of the 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)

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

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)

COP 7 – February 2004 Specific references to traditional knowledge in the list of elements for consideration (decision VII/19D, Annex): Recognition and protection of the rights of indigenous and local communities over their traditional knowledge associated to genetic resources subject to the national legislation of the countries where these communities are located (xv) Customary law and traditional cultural practices of ILCs (xvi) Code of ethics/Code of conduct/Models of prior informed consent or other instruments in order to ensure fair and equitable sharing of benefits with ILCs (xviii)

COP 8 developments Decision VIII/4 A Mandate of the Working Group on ABS renewed Two meetings prior to COP October January 2008 WG-ABS to complete its work before COP 10 Designation of co-chairs Tim Hodges (Canada) Fernando Casas (Colombia)

COP 8 developments Decision VIII/4C Establishment of Group of Technical Experts on an internationally recognised certificate of origin/source/legal provenance (Lima, Peru, January 2007) to: 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

COP 8 developments Decision VIII/5C. Collaboration of WG 8(j) and WG-ABS WG8(j) to provide views on elaboration and negotiation of regime on ABS relevant to TK – views to be compiled and made available to WG-ABS WG8(j)-5 to be held back-to back with WGABS-5 Timeline: 5 th WG ABS 8-12 October th WG 8(j) October 2007 ES is requested to provide administrative support to ILC reps through practical measures e.g.: availability of rooms, access to documentation, photocopying etc subject to availability of funds Parties and Gvts to increase participation of ILCs on national delegations Parties to facilitate participation of ILCs in preparatory processes for both meetings of WG on ABS and WG on 8(j) Chairpersons invited to facilitate the effective participation of ILC reps and to consult them on issues related to TK, in proceedings related to the elaboration of an international regime on ABS

Outlook Group of Technical Experts, Lima, Peru, January 2007 Working Group on ABS - 5 th meeting: 8-12 October th meeting: January 2008 Working Group on Article 8(j) - 5 th meeting: October 2007 COP 9 Bonn, Germany, May 2008

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