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)