NAGOYA PROTOCOL: 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 associated with genetic resources that are covered by the CBD and the benefits arising from its utilisation.
Nagoya Protocol and it objectives: The Nagoya Protocol on Access to Genetic Resources Fair and Equitable Sharing of Benefits Arising from their Utilisation (ABS) to the convention on Biological Diversity is a supplementary agreement to the CBD. It provides a transparent legal framework for the effective implementation of one of the 3 objectives of the CBD:
“The Fair and Equitable Sharing of Benefits arising out of the Utilisation of Genetic Resources”.
The Nagoya Protocol on ABS was:
- Adopted on 29-10-2010 in Nagoya, Japan.
- Entered into force on 12-10-2014, 90 days after the deposit of the 15th Instrument of Ratification.
Importance of Nagoya Protocol:
Creation of greater legal certainty and transparency for both providers and users of Genetic Resources by:
- Establishing more predictable conditions for access to Genetic Resources
- Helping ensure benefit sharing, when Genetic Resources leave the country providing such Genetic Resources.
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 through:
- Access obligation
- Benefit Sharing obligation
- Compliance obligations
Traditional Knowledge associated with Genetic Resources addressed by Nagoya Protocol 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 communities’ laws and procedures as well as customary use and exchange.
Tools and Mechanism to assist Implementation of the Nagoya Protocol:
The Nagoya Protocol’s success will require effective implementation at the domestic level.
Tools and Mechanism provided by Nagoya Protocol will assist contracting parties including:
- 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.
- An Access and Benefit – Sharing Clearing – House to share information such as domestic regulatory ABS requirements or information on NFPs and CNAs
- Capacity building to support key aspects of implementation based on a country’s self-assessments of national need and priorities, this can include capacity to-
- Develop domestic ABS legislation to implement the Nagoya Protocol
- Negotiate Mutually Agreed Terms (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.
UNITED NATIONS ENVIRONMENT PROGRAME (UNEP) :
Mission: is to provide leadership and encourage partnership in caring for the environment by:
inspiring, informing and enabling nations and peoples to improve their quality of life without comprising that of future generations.
Work is categorised into 7 broad thematic areas:
- Climate change
- Disasters and Conflicts
- Ecosystem management
- Environmental Governance
- Chemical and Waste
- Resources efficiency
- Environment under review