New UEBT Brief on Nagoya Protocol

As the Nagoya Protocol to the Convention on Biological Diversity on Access and Benefit Sharing (ABS) is ratified by more and more nations, it is important that stakeholders understand its implications. To help businesses, and especially companies using biodiversity to develop food and personal care products, Natural Justice-partner the Union for Ethical BioTrade (UEBT) has released a technical brief on the provisions of the Nagoya Protocol. 

The brief begins by describing the overall purpose of the Nagoya Protocol and outlining the types of activities that will be impacted by its implementation. It then discusses changes to existing ABS requirements and details which countries will be establishing measures for ABS under the Protocol. It concludes by focusing on the specific implications for natural ingredients in food and personal care products. 

A report on the brief by CosmeticsDesign.com can be found here. The brief can be downloaded here.

High-Level Panel on Implementation of Nagoya Protocol

On 18 October 2012, Laureen Manuel of Natural Justice attended a high-level panel discussion at a side event at the Convention of Biodiversity’s (CBD) 11th Conference of the Parties (COP 11) in Hyderabad, India. The discussion contemplated key questions surrounding the implementation of the Nagoya Protocol on Access and Benefit Sharing (ABS). The panel included Bard Vegar Solhjell, Minister of Environment (Norway) (Chair), Sileshi Getahun, Minister of Agriculture (Ethiopia), Janez Potocnik, European Commissioner for the Environment (European Union), and Dr Pema Gyantsho, Minister of Agriculture (Bhutan). Delegates who attended this gathering included government representatives, civil society organisations and representatives of Indigenous Peoples and local communities. 

India, Japan, Germany and South Africa were among the countries that shared their experiences on ABS. Germany said they had several ABS programmes in place, including the work of the ABS Capacity Development Initiative to assist developing countries with the implementation challenges. South Africa was applauded by the gathering when it announced that it would be ratifying the Protocol next Tuesday, and Norway indicated that they would ratify the Protocol within the next six months. 

In summary, the main observations of the panel included: 

• Although only a few countries have ratified the Protocol, many countries are at various stages aimed at ratification, with many countries revising their legislation and policies to meet the obligations of the Protocol; 
• The importance of awareness-raising of rights and other ABS issues cannot be over-emphasised; 
• Capacity building and financial and human resources are critical to the process, and is lacking in many countries; 
• Collaboration and the exchange of experiences among Parties are important for effective implementation and should continue in the future. 

In his concluding remarks, the Ethiopian Minister of Agriculture, Mr Getahun, said many of the reasons submitted by Parties for not ratifying the Protocol were related to preparatory processes leading up to ratification. These reasons should not hinder ratification. He said that effective implementation starts with ratifying the Protocol despite the preparatory challenges (because activities cannot be classified as legal or illegal if the Protocol is not ratified), making communities aware of the importance of their biodiversity resources and their rights as an informed public will assist in combating biopiracy, and finally, by establishing effective check points.

India Urges Adoption of Nagoya Protocol

India has encouraged delegates at the 11th Conference of Parties to the Convention on Biological Diversity (CBD COP-11) in Hyderabad, India, to adopt the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity. The Protocol will  not enter into force until 50 nations ratify it. India, COP-11's chair, is also pushing for member nations to agree on a road map on the issues adopted during COP-10 two years ago in Nagoya, Japan. 

India's Minister of Forests and Environment, Jayanthi Natarajan, appealed to representatives of the 173 nations present, emphasising that future generations will not forgive a failure to preserve the earth's biodiversity. Amina Mohamed, UN Assistant Secretary-General and Deputy Executive Director of UNEP, called on all parties to "to step up effort for the early ratification of the Nagoya Protocol on Access and Benefit Sharing.” 

Read more here. 

Natural Justice in Hyderabad for CBD COP11

The 11th Conference of Parties to the Convention on Biological Diversity (CBD COP11) is being held from 8-19 October, 2012, in Hyderabad, India. COP 11 will consider the implementation of the Strategic Plan 2011-2020 and progress towards the Aichi biodiversity targets. COP 11 will also review the programme of work on island biodiversity, ecosystem restoration, the status of the Nagoya Protocol on access to genetic resources and benefit-sharing, Article 8(j) (traditional knowledge), marine and coastal biodiversity, biodiversity and climate change, biodiversity and development, biofuels, and several other cross-cutting issues. For introductions to the key issues, please see the CBD Alliance briefing notes.  

In addition to following key agenda items throughout the negotiations, Natural Justice is co-hosting and speaking at several side events and workshops related to biocultural community protocols, Indigenous peoples' and local community conserved territories and areas (ICCAs), including the legal reviews that we coordinated, sacred natural sites, protected areas, the CBD-UNESCO Joint Programme of Work on the Linkages between Biological and Cultural Diversity, National Biodiversity Strategies and Action Plans, and access and benefit sharing, among others. More information about many of our joint events is available here.  

Updates on the negotiations and key events will be posted on this blog throughout COP11.

New IIED Article on Community Protocols

Credit: Nick Lunch

As delegates prepare for the 11th Conference of Parties (COP 11) to the Convention on Biological Diversity (CBD) from 8-19 October in Hyderabad, India, Krystyna Swiderska of the International Institute for Environment and Development (IIED) has prepared an article tracing the community protocols developed by two communities, the Raika of Rajasthan, India and the Dusun of Sabah, Malaysia to claim rights guaranteed by the CBD and the Nagoya Protocol  on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the CBD. 

The article notes that “although they have conserved important biodiversity of the regions where they have lived for generations, many communities are struggling to safeguard their biodiverse resources.” It presents community protocols as a way that communities are asserting their rights and engaging with outside actors. It then details, with text and photos, the unique ways of life of the Raika and Dusun and how they are using community protocols to protect their rights. 

The article can be found here. IIED’s recent publication on community protocols, rights and consent, drafted and edited in partnership with Natural Justice, can be found here in English and here in Spanish.

Third Regional Preparatory Meeting for IPLCs for CBD COP 11 in Asunción, Paraguay

Photo credit: http://www.cbd.int/abs/ 

From 13-16 August 2012, Johanna von Braun of Natural Justice attended the Secretariat of the Convention on Biological Diversity’s (CBD) third regional consultation for indigenous peoples and local communities (IPLCs) in Asunción, Paraguay. Previous consultations were organised by the Secretariat and attended by Natural Justice team members in Bujumbura, Burundi and Chiang Mai, Thailand. The workshop brought together approximately 55 regional representatives from Latin America and the Caribbean in order to prepare recommendations for the 11th CBD Conference of the Parties (COP), to take place in Hyderabad, India in October 2012. 

During the first three days of the workshop participants familiarized themselves with the CBD in general as well as the history and nature of the participation of IPLCs in the work around the Convention. Particular attention was placed on articles 10c and 8j of the Convention, the 2011-2020 Strategy for Biodiversity and the Aichi Biodiversity Targets as well as the Nagoya Protocol on Access and Benefit Sharing. 

Significant time was spent discussing the crucial role community protocols, featured in article 12 of the Nagoya Protocol, could play in implementing the Protocol at the local level while asserting and affirming IPLC’s rights over traditional knowledge and genetic resources. Several case studies of community protocols, presented by a representative of the Kuna Yala community and Dr von Braun, supplemented this session. 

The final day of the workshop included an internal meeting in which IPLC representatives finalised the forum’s recommendations for COP11. After the end of the workshop, some participants stayed for an additional two days to participate in a more in depth training for facilitators on issues around the CBD and the Nagoya Protocol.