Convention on Biological Diversity Access and Benefit Sharing

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• Convention on Biological Diversity Access and
  Benefit Sharing
• DST National Indigenous Knowledge Systems
• Exhibition and Workshop
• Transvaal Museum
• 7 August 2008
• Maria Mbengashe

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Issues Covered

• International negotiations on TK and ABS
• Global Context
• Relevant MEAs and Fora
• Uses of Genetic Resources and Associated TK
• Provisions of Convention on Biodiversity
• Mandate of the ABS Working Group
• Elements of the International Regime on ABS
• Contentious issues being negotiated
• Challenges
• Recommendations

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Issues and Disagreements withinVarious
International Fora

• Ensuring fair and equitable sharing of benefits
  arising from use of genetic resources (GR) and
  associated Traditional (TK) and appropriate
  access to genetic resources
• Safeguarding, promoting and protecting IKS-
• Judicious and effective use of IPS
• Harmonisation within different Global Regulatory
  Frameworks (CBD, WIPO, WTO-TRIPS and ITPGR)

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GLOBAL CONTEXT

• Food Security and pervasive poverty
• Achieving Millennium Development Goals
• Developing countries rich in biodiversity
• Equity, economic and socio-cultural issues
• Advances in modern biotechnology
• Technology transfer
• WSSD mandate negotiating an international
  Regime on ABS para. 44(o)
• Achieving 2010 Target of significantly reducing
  Biodiversity loss
• Differing views among provider and User countries

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Relevant international MEAs and Fora

• CBD
• World Intellectual Property Org. (WIPO)
• Intergovernmental Committee on IP, GR, TK and
  Folklore (IGC)
• World Trade Organisation (WTO/TRIPS)
• Trade-related Aspects of IPRs
• International Treaty on Plant Genetic Resources
  for Food and Agriculture (ITPGRA etc.)

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Convention on Biological Diversity (CBD)

• CBDs 3 Objectives
• Conservation of Biological Diversity
• Sustainable Use of its Components
• Fair and Equitable sharing of benefits arising
  out of the use of Genetic Resources (GR)
  including by appropriate access to GR and
  appropriate transfer of relevant technologies

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Art. 8(j) of the CBD

• Subject to national legislation, respect,
  preserve and maintain knowledge, innovations and
  practices of indigenous and local communities
  embodying traditional lifestyles relevant for
  conservation and sustainable use of biodiversity
  and promote wider application with approval and
  involvement of holders of such knowledge,
  innovations and practices and encourage equitable
  sharing of benefits arising from use of such
  knowledge, innovations and practices

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Other relevant Provisions

• Art 10c-Customary use of biodiversity in
  accordance with traditional cultural practices
• Art. 15 - Sovereign rights of States over natural
  resources
• Art. 15(2) Facilitate Access to GR and ensure
  benefit sharing through Prior Informed Consent
  (PIC) and Mutually Agreed Terms (MAT)
• Art. 16 (2) Access and transfer of technology an
• Art. 16 (5) patents and other IPR in accordance
  with national and international law

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Uses of Genetic Resources (GR) and Associated TK

• Agriculture and modern biotechnology,
• Horticulture and crop protection
• Medicines, pharmaceuticals and Public Health
• Industrial and Research and Development
• Cosmetic and personal care
• Food and beverage industries

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Mandate of ABS Working Group

• WSSD mandate para. 44(o) of JPoI calls for
  elaboration of International Regime on ABS
• Dec. VII/19 established WG on ABS
• International Regime on ABS to include TK in
  accordance with Art. 8(j)
• Progress slow - lack of consensus between
  developed and developing countries

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Elements of the IR on ABS

• Nature of the instrument
• Scope
• Objective of ABS International Regime
• Compliance
• Measures to support compliance with PIC and MAT
• Internationally recognised certificate of
  origin/source
• Monitoring and Enforcement
• TK and associated genetic resources
• Technology transfer
• Capacity Building

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Contentious Issues on IR on ABS

• Legally-binding or non-binding instrument
• Inclusion of derivatives and products
• National legal framework vs international regime
  (norms, principles, rules)
• Misappropriation of GR and TK
• Need for certainty and predictability
• IR to include Article 8(j) of CBD
• Certificate of origin/source/legal provenance
• Disclosure of origin of GR and associated TK in
  application of IPRs

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CHALLENGES

• Complex, cross-cutting, scientific, legal,
  economic, political and socio-cultural issue
• Multiplicity of actors and sectors
• Interrelated issues negotiated in different fora
• Collaboration and effective national preparation
• Harmonising South Africa position backed by
  Science, policies and realities on the ground
• Compliance with provisions of different related
  MEAs (CBD, WTO/TRIPS, ITPGRFA, WIPO)
• Coordinated national implementation

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Recommendations

• Strengthen stakeholder collaboration
• Science, legal, policy makers, indigenous and
  local communities and business
• Information sharing
• Harmonise SA position in different fora
• Establish, strengthen and harmonise legal
  frameworks and institutions for effective
  implementation
• Training and capacity building

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THANK YOU