What is
the Nagoya Protocol and what is its objective?
Ø Supplementary agreement to the Convention on Biological Diversity.
Ø It provides a transparent legal framework for the effective
implementation of one of the three objectives of the CBD: the fair and
equitable sharing of benefits arising out of the utilization of genetic
resources.
The Nagoya Protocol on
ABS was adopted on 29 October 2010 in Nagoya, Japan and will enter into force
90 days after the fiftieth instrument of ratification. Its objective is the
fair and equitable sharing of benefits arising from the utilization of genetic
resources, thereby contributing to the conservation and sustainable use of
biodiversity.
Why is
the Nagoya Protocol important?
Ø Establishing
more predictable conditions for access to genetic resources.
Ø Helping
to ensure benefit-sharing when genetic resources leave the contracting
party providing the genetic resources
What
does the Nagoya Protocol cover?
The Nagoya Protocol
applies to genetic resources that are covered by the CBD, and to the benefits
arising from their utilization. The Nagoya Protocol also covers traditional
knowledge (TK) associated with genetic resources that are covered by the CBD
and the benefits arising from its utilization.
What
are the core obligations of the Nagoya Protocol with respect to genetic
resources?
The Nagoya Protocol sets
out core obligations for its contracting Parties to take measures in relation
to access to genetic resources, benefit-sharing and compliance.
Access obligations
Domestic-level access
measures are to:
Ø Create
legal certainty, clarity and transparency
Ø Provide
fair and non-arbitrary rules and procedures
Ø Create
conditions to promote and encourage research contributing to biodiversity
conservation and sustainable use
Benefit-sharing
obligations
Domestic-level
benefit-sharing measures are to provide for the fair and equitable sharing of
benefits arising from the utilization of genetic resources with the contracting
party providing genetic resources.
Compliance obligations
Specific obligations to
support compliance with the domestic legislation or regulatory requirements of
the contracting party providing genetic resources, and contractual obligations
reflected in mutually agreed terms, are a significant innovation of the Nagoya
Protocol.
How
does the Nagoya Protocol address traditional knowledge associated with genetic
resources and genetic resources held by indigenous and local communities?
The Nagoya Protocol
addresses traditional knowledge associated with genetic resources with
provisions on access, benefit-sharing and compliance. It also addresses genetic
resources where indigenous and local communities have the established right to
grant access to them. Contracting Parties are to take measures to ensure these
communities’ prior informed consent, and fair and equitable benefit-sharing,
keeping in mind community laws and procedures as well as customary use and
exchange. More information on the Nagoya Protocol and traditional knowledge can
be found on the Traditional Knowledge programme of work webpage.
Tools
and mechanisms to assist implementation
The Nagoya Protocol’s success will
require effective implementation at the domestic level. A range of tools and
mechanisms provided by the Nagoya Protocol will assist contracting Parties
including:
Ø
Establishing national focal points (NFPs) and competent national
authorities (CNAs) to serve as contact points for information, grant access or
cooperate on issues of compliance
Ø
An Access and Benefit-sharing Clearing-House to share
information, such as domestic regulatory ABS requirements or information on
NFPs and CNAs
Ø
Capacity-building to support key aspects of implementation.
Based on a country’s self-assessment of national needs and priorities, this can
include capacity to
§
Develop domestic ABS legislation to implement the Nagoya
Protocol
§
Negotiate MAT
§
Develop in-country research capability and institutions
§
Awareness-raising
§
Technology Transfer
§
Targeted financial support for capacity-building and development
initiatives through the Nagoya Protocol’s financial mechanism, the Global
Environment Facility (GEF)