Interregional Negotiating Group of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing
18-21 September 2010 (Montreal, Canada)
Excerpted from the IISD Reporting Services Briefing Note
Established by the CBD’s Working Group on access and benefit-sharing (ABS), the Interregional Negotiating Group continued the negotiation of a protocol on ABS under the CBD, with a view to having it ready for adoption by the 10th session of the Conference of the Parties (COP 10), to be held from 18-29 October 2010, in Nagoya, Japan. The meeting considered outstanding issues on several parts of the draft ABS protocol, including: provisions relating to access to genetic resources and the fair and equitable sharing of benefits arising from their utilization; the concept of utilization of genetic resources and how it should be defined in the context of the protocol; access and benefit-sharing with regard to traditional knowledge associated to genetic resources as well as in cases where such resources and knowledge are held by indigenous and local communities; compliance and related measures; and institutional clauses. Some progress was achieved towards an improved common understanding on the concept of utilization of genetic resources and its relation to derivatives, as well as on provisions on benefit-sharing and access. The meeting also considered provisions on scope, the relationship with other instruments, access to genetic resources for non-commercial research and access to pathogens in emergency situations, without making much progress. Several key issues remain outstanding and most delegates expressed concern about the prospect for concluding the negotiation of an ABS protocol during COP 10. The meeting’s outcome will be transmitted to the ABS Working Group, which will reconvene on 16 October 2010 in Nagoya, immediately prior to COP 10.
Provisions relating to TK were mainly discussed in a small group, although TK-related issues were also discussed under the provisions on scope and benefit-sharing. Under Article 4 on benefit-sharing, a new paragraph, bracketed in its entirety, requires parties to take administrative, legislative or policy measures, as appropriate, to ensure that benefits arising from the utilization of genetic resources and associated TK that are held by indigenous and local communities (ILCs) are shared in a fair and equitable way with these communities based on MAT. On access to genetic resources held by ILCs (Article 5), the small group on TK debated options on ensuring the prior informed consent (PIC) or approval and involvement of ILCs when their genetic resources are accessed that would accommodate different scenarios with regard to domestic legislation and the relationship between international and national law in different countries. Similar debates took place with regard to language specifying that ILCs “own” genetic resources, or “have the right to grant access” to them. On measures to be taken by countries to ensure the PIC of ILCs or their approval and involvement, delegates decided to develop distinct options that would accommodate different situations with regard to domestic legislation and the relationship between international and domestic law. On access to TK associated with genetic resources (Article 5 bis), the small group on TK debated references to national law.
Read the IISD Reporting Services briefing note … Download the report of the meeting, including draft protocol text [pdf] … Download a CBD press release, 21 September 2010 [pdf] … Read an IPS article, 21 September 2010 … Read a Natural Justice post, 22 September 2010 … Read an ICTSD article, 24 September 2010 …
