Nagoya Protocol

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Nagoya Protocol
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity
NagoyaProtocol.svg
  Parties
  signed, but not ratified
  non signatory, but Biological Diversity Convention party
  non signatory, non-Biological Diversity Convention party
Besides several member states, the EU is also a party (not on map)
TypeEnvironmental
Signed29 October 2010
LocationNagoya, Japan
Effective12 October 2014
Condition50 ratifications
Signatories92
Parties137
Depositary Secretary-General of the United Nations
LanguagesArabic, Chinese, English, French, Russian and Spanish

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, also known as the Nagoya Protocol on Access and Benefit Sharing (ABS), is a 2010 supplementary agreement to the 1992 Convention on Biological Diversity (CBD). Its aim is the 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, thereby contributing to the conservation and sustainable use of biodiversity. It sets out obligations for its contracting parties to take measures in relation to access to genetic resources, benefit-sharing and compliance.

Contents

The protocol was adopted on 29 October 2010 in Nagoya, Japan, and entered into force on 12 October 2014. As of April 2022, it has been ratified by 137 parties, which includes 136 UN member states and the European Union.

Concerns have been expressed that the added bureaucracy and legislation could be damaging to the monitoring and collection of biodiversity, to conservation, to the international response to infectious diseases, and to research. [1] [2]

Aims and scope

The Nagoya Protocol applies to genetic resources that are covered by the CBD, and to the benefits arising from their utilization. The protocol also covers traditional knowledge associated with genetic resources that are covered by the CBD and the benefits arising from its utilization.

Its aim is the 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, thereby contributing to the conservation and sustainable use of biodiversity. [3]

Adoption and ratification

The protocol was adopted on 29 October 2010 in Nagoya, Japan, at the tenth meeting of the Conference of the Parties, held from 18 to 29 October 2010 [4] and entered into force on 12 October 2014.

As of April 2022, it has been ratified by 137 parties, which includes 136 UN member states and the European Union. [5]

Obligations

The Nagoya Protocol sets out obligations for its contracting parties to take measures in relation to access to genetic resources, benefit-sharing and compliance.[ citation needed ]

Access obligations

Domestic-level access measures aim to:[ citation needed ]

Benefit-sharing obligations

Domestic-level benefit-sharing measures aim to provide for the fair and equitable sharing of benefits arising from the utilization of genetic resources with the contracting party providing genetic resources. Utilization includes research and development on the genetic or biochemical composition of genetic resources, as well as subsequent applications and commercialization. Sharing is subject to mutually agreed terms. Benefits may be monetary or non-monetary such as royalties and the sharing of research results.[ citation needed ]

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.[ citation needed ]

Contracting parties are to:[ citation needed ]

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:[ citation needed ]

Based on a country's self-assessment of national needs and priorities, capacity-building may help to:[ citation needed ]

Relationship to other international agreements

A growing number of Preferential Trade Agreements (PTAs) include provisions related to access to genetic resources or to the sharing of the benefits that arise out of their utilization. Indeed, some recent trade agreements, originating notably from Latin American countries, provide specific measures designed to facilitate the implementation of the ABS provisions contained in the Nagoya Protocol, including measures related to technical assistance, transparency and dispute settlement. [6]

Criticism

However, there are concerns that the added bureaucracy and legislation will, overall, be damaging to the monitoring and collection of biodiversity, to conservation, to the international response to infectious diseases, and to research. [7] [2] [8]

Many scientists have voiced concern over the protocol, fearing the increased red tape will hamper disease prevention and conservation efforts, [1] and that the threat of possible imprisonment of scientists will have a chilling effect on research. [7] [8] Non-commercial biodiversity researchers and institutions such as natural history museums fear maintaining biological reference collections and exchanging material between institutions will become difficult. [2]

See also

Related Research Articles

<span class="mw-page-title-main">Convention on Biological Diversity</span> International treaty on biological diversity

The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is a multilateral treaty. The Convention has three main goals: the conservation of biological diversity ; the sustainable use of its components; and the fair and equitable sharing of benefits arising from genetic resources. Its objective is to develop national strategies for the conservation and sustainable use of biological diversity, and it is often seen as the key document regarding sustainable development.

<span class="mw-page-title-main">Cartagena Protocol on Biosafety</span> 2003 international agreement on biosafety

The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international agreement on biosafety as a supplement to the Convention on Biological Diversity (CBD) effective since 2003. The Biosafety Protocol seeks to protect biological diversity from the potential risks posed by genetically modified organisms resulting from modern biotechnology.

<span class="mw-page-title-main">Bioprospecting</span> Exploration of nature for material with commercial potential

Bioprospecting is the exploration of natural sources for small molecules, macromolecules and biochemical and genetic information that could be developed into commercially valuable products for the agricultural, aquaculture, bioremediation, cosmetics, nanotechnology, or pharmaceutical industries. In the pharmaceutical industry, for example, almost one third of all small-molecule drugs approved by the U.S. Food and Drug Administration (FDA) between 1981 and 2014 were either natural products or compounds derived from natural products.

The International Treaty on Plant Genetic Resources for Food and Agriculture, is a comprehensive international agreement in harmony with the Convention on Biological Diversity, which aims at guaranteeing food security through the conservation, exchange and sustainable use of the world's plant genetic resources for food and agriculture (PGRFA), the fair and equitable benefit sharing arising from its use, as well as the recognition of farmers' rights. It was signed in 2001 in Madrid, and entered into force on 29 June 2004.

Rio Convention relates to the following three conventions, which were agreed at the Earth Summit held in Rio de Janeiro in June 1992.

Traditional knowledge (TK), indigenous knowledge (IK), folk knowledge, and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities.

<span class="mw-page-title-main">Biodiversity Indicators Partnership</span>

The Biodiversity Indicators Partnership (BIP) brings together a host of international organizations working on indicator development, to provide the best available information on biodiversity trends to the global community. The Partnership was initially established to help monitor progress towards the Convention on Biological Diversity (CBD) 2010 Biodiversity target. However, since its establishment in 2006 the BIP has developed a strong identity not only within the CBD but with other Multilateral Environmental Agreements (MEAs), national and regional governments and other sectors. As a result, the Partnership will continue through international collaboration and cooperation to provide biodiversity indicator information and trends into the future.

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<span class="mw-page-title-main">Natural Justice: Lawyers for Communities and the Environment</span>

Natural Justice: Lawyers for Communities and the Environment is a non-profit organisation based in Cape Town, South Africa, with additional offices in Nairobi, Kenya, and Dakar, Senegal. It takes its name from the legal principle of natural justice and it works at the local level to legally empower communities to pursue social and environmental justice. It also works at the national and international levels to promote the full and effective implementation of environmental laws and policies such as the Convention on Biological Diversity.

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An Access and Benefit Sharing Agreement (ABSA) is an agreement that defines the fair and equitable sharing of benefits arising from the use of genetic resources. ABSAs typically arise in relation to bioprospecting where indigenous knowledge is used to focus screening efforts for commercially valuable genetic and biochemical resources. ABSAs recognise that bioprospecting frequently relies on indigenous or traditional knowledge, and that people or communities who hold such knowledge are entitled to a share of benefits arising from its commercial utilization.

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Genetic resources means genetic material of actual or potential value where genetic material means any material of plant, animal, microbial or other origin containing functional units of heredity... Genetic resources thus refer to the part of genetic diversity that has or could have practical use, such as in plant breeding. The term was introduced by Otto Frankel and Erna Bennett for a technical conference on the exploration, utilization and conservation of plant genetic resources, organized by the Food and Agriculture Organisation (FAO) and the International Biological Program (IBP), held in Rome, Italy, 18–26 September 1967.

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References

  1. 1 2 Prathapan, K. Divakaran; Pethiyagoda, Rohan; Bawa, Kamaljit S.; Raven, Peter H.; Rajan, Priyadarsanan Dharma (2018). "When the cure kills—CBD limits biodiversity research". Science. 360 (6396): 1405–1406. Bibcode:2018Sci...360.1405P. doi:10.1126/science.aat9844. PMID   29954970. S2CID   206667464 . Retrieved 28 November 2018.
  2. 1 2 3 Watanabe, Myrna E. (June 2015). "The Nagoya Protocol on Access and Benefit Sharing—International treaty poses challenges for biological collections". BioScience. pp. 543–550. doi:10.1093/biosci/biv056.[ dead link ]
  3. "Nagoya Protocol". 9 June 2015.
  4. "Strategic Plan for Biodiversity 2011-2020, including Aichi Biodiversity Targets". Convention on Biological Diversity. 21 January 2020. Retrieved 17 September 2020.
  5. "Parties to the Nagoya Protocol". Convention on Biological Diversity. 1 January 1970. Retrieved 2 June 2022.
  6. Jean-Frédéric Morin and Mathilde Gauquelin, Trade Agreements as Vectors for the Nagoya Protocol's Implementation, CIGI papers, no 115, 2016, http://www.chaire-epi.ulaval.ca/sites/chaire-epi.ulaval.ca/files/publications/paper_no.115.pdf
  7. 1 2 Cressey, Daniel (2014). "Biopiracy ban stirs red-tape fears". Nature. 514 (7520): 14–15. Bibcode:2014Natur.514...14C. doi: 10.1038/514014a . PMID   25279894. S2CID   4457904.
  8. 1 2 "A plea for open science on Zika". www.sciencemag.org. Retrieved 2 April 2016.

Further reading