1. Comments on Access and Benefit-Sharing Provisions of the Biodiversity Bill Rachel Wynberg & Markus Burgener On behalf of IUCN-South Africa

2. Background to project
2 yr GTZ-funded research project focused on access and benefit-sharing
Independent team of lawyers and policy analysts
Ongoing analysis of drafts of the Biodiversity Bill
Looking at international and South Africa experiences

3. What is bioprospecting?
The exploration of biodiversity for commercially valuable biological (incl. biochemicals) and genetic resources
Can also include collection of traditional knowledge about biodiversity from local communities
It does not include all research on biodiversity or any commercial use of biodiversity
Bioprospecting is not a development panacea and often the greatest benefits (if any) are non-monetary

4. Why legislation?
Convention on Biodiversity sets new framework for “access and benefit-sharing”: provider of genetic resources get benefits in return for granting access to resources or knowledge
Legal vacuum has resulted in South Africa losing out on opportunities, a ‘free for all’, and confusion
Legislation needed both to encourage investment and to optimise benefits
But important not to over-regulate and to minimise ‘transaction costs’

5. Comments on the Bill: Key Issues
Institutional arrangements present constraints:
- No central focal point
- Stakeholder involvement and transparency in decision-making need attention
Procedures may be too cumbersome
Holders of traditional knowledge are excluded

6. Comments on the Bill: Key Issues
Benefit-sharing provisions require broadening
Need to ensure negotiations take place on an equal footing
Weak requirements for prior informed consent
Limiting definitions

7. Recommendations
Establish central focal point with input from provinces
Establish Bioprospecting Council for stakeholder involvement
Publish bioprospecting proposals
Reduce requirements for Ministerial approval
Benefit-sharing: scope, principles,mechanisms
Provide for facilitator

8. Recommendations Clarify Prior Informed Consent procedures
Broaden definitions
Dovetail with legislation to protect indigenous knowledge (DST) and farmers’ rights (NDA)

9. Contact Details Rachel Wynberg Tel: (021) 788 7677 Rachel@iafrica.com
Markus Burgener
Tel: (021)