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Collateral Damage Convention on Biological Diversity and Transfer of Specimens for Research. Fabian Haas icipe , Nairobi, Kenya Icipe Seminar 21Oct08. Starting Point. icipe’s challenges

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Collateral Damage Convention on Biological Diversity andTransfer of Specimens for Research

Fabian Haas

icipe, Nairobi, Kenya

Icipe Seminar 21Oct08


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Starting Point

icipe’s challenges

Increasing problems with access to natural enemies for Classical Biological Control, seemingly caused by the Convention on Biological Diversity (CBD) and its Access and Benefit Sharing (ABS) regime.


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History & Mechanics of the CBD

  • Conservation Framework

  • Ownership (derived from a concept of ‘sovereign rights’ on biodiversity) creates responsible and sustainable behaviour

  • Economic benefits promote sustainability and conservation (“Use it or lose it”)

  • Bi-lateral agreements between country and company

  • + Green Gold Rush

  • Sustainable Development Framework

  • Negotiations started after 1985

  • First Draft of Convention text in 1991


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History & Mechanics of the CBD

Conservation

Sustainable Development

Protect

Species

Ecosystems

Landscapes

Science

IndPeople/TK

Tourism

Agriculture

NGOs

Agriculture (FAO, UPOV, ITPGRA, etc)

Use of Bio/Genetic Resources (ABS)

IndPeople/TK

Tourism

Biofuels, Water

NGOs

Protect

Species

Ecosystems

Landscapes


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History & Mechanics of the CBD

ARTICLE 1 | Objectives

The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the

conservation of biological diversity, the

sustainable use of its components and the

fair and equitable sharing of the benefits

arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding.


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History & Mechanics of the CBD

ARTICLE 5 | Cooperation

Each Contracting Party shall, as far as possible and as appropriate,

cooperate with other Contracting Parties,

directly or, where appropriate, through competent international organizations, in respect of areas beyond national jurisdiction and on other matters of mutual interest, for the conservation and sustainable use of biological diversity.


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History & Mechanics of the CBD

ARTICLE 15 | Access to Genetic Resources

1. Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation.

2. Each Contracting Party shall endeavour to create conditions to facilitate access to genetic resources for environmentally sound uses … and not to impose restrictions that run counter to the objectives of this Convention.

[…]


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History & Mechanics of the CBD

COUNTRY DRIVEN

191 Parties (including EU, not Andorra, Iraq, Somalia, US)

Conference of the Parties (COP) every

2nd year to pass Decisions.

In between 3 SBSTTAs (Scientific Body for Scientific Technical and Technological Advice).

Adhoc Working/Expert groups.

Secretariat in Montral (90 staff, incl. travel agent)

Last SBSTTA 13 in Rome, IT, in Feb 2008

Last COP VIII in Bonn, DE, in March 2008

Next COP X in Nagano, JP, in 2010


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COP


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Decision Making

SCBD

90 staff

ABS

Working Groups

AHTECs

COP

Recommendation

SBSTTA

Decision agreed by Countries

INF Docs

NO! DON‘T!

National State

Lobby Groups

Non-Parties, IGOs, NGOs

National Laws

Implementation (variable)

Law, By-Law, Decree, Funding


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Access and Benefit Sharing

Aim of ABS is to prevent unauthorised use and ensure that benefits are shared with the now owner.

Major expected return::

Cash (to country, to provider group)

Less important::

knowledge, training, publications, visits

  • Assumptions::

  • Ownership

  • Economic benefits promotes sustainability and conservation

  • Bi-Lateral agreements

  • Green Gold Rush


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Access and Benefit Sharing

Green Gold Rush::

High expectation (were raised) for zillions of easily earned cash through pharmaceutical products (as a bait to promote conservation).

Today ‘green gold rush’ is biofuels.


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Access and Benefit Sharing

ABS regulations originally focus on

pharmaceutical & other commercial products in bi-lateral agreements between

countries, groups and foreign companies.

Focusnot on science

not on biological control

not on public goods

not a small scale businesses

  • Assumptions::

  • Ownership

  • Economic benefits promotes sustainability and conservation

  • Bi-Lateral agreements

  • Green Gold Rush


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Stakeholders in ABS

Business-minded western countries

Anxious biodiversity rich countries

Business:: e.g. International Chamber of Commerce

Science:: e.g. GTI, CBOL

Indigenous people other NGOs

Competing Conventions and Bodies

WIPO, TRIPS, WTO, FAO/ITPGRA,

CITES, CMS, Ramsar, UPOV


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Frontline…

Frontline is implementation by countries::

Being anxious of losing out on the Green Gold Rush, so activities are rather blocked than enhanced.

Sectorial approach (e.g. science, CBC)

may open loop holes.

Waiting for an International Regime for ABS to

avoid development national legislation.

Simple ignorance of the problems caused

in science and CBC.

Ignoring the opportunity costs of doing nothing.


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Ways forward …

  • ABS WILL NOT GO AWAY

  • Stop complaining

  • Understand :: it is a political process

  • Use the CBD mechanisms to get involved::

  • Talk to National Focal Points

  • Talk to Ministries & Organisation

  • Go to COP and SBSTTA and WG

  • Submit Information Documents to CBD

  • Organise your community (IOBC) and Provide on Set of Rules such as SMTAs

  • Do Convention Shopping::

    • Consider competing Convention and Bodies


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Competing Conventions and Treaties

Sustainable Development

Agriculture (FAO, UPOV, ITPGRA, etc)

Use of Bio/Genetic Resources (ABS)

IndPeople/TK

Tourism

Energy, Water

Protect

Species (CITES)

Ecosytems (Ramsar)

Landscapes

Convention Shopping::

If you cannot get what you want in xxx then try in yyy.


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Competing Conventions and Treaties

FAO/ITPGRA

International Treaty on Plant Genetic Resources for Food and Agriculture

The ‘Plant Treaty’ www.planttreaty.org

120 Members

MLS: Multilateral System for Access and Benefit Sharing

with SMTA: Standard Material Transfer Agreement

List of Crops and Forages (about 60).

FAO and Agriculture vs Environmental ministries


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Competing Conventions and Treaties

FAO/ITPGRA

MLS Multilateral System for Access and Benefit Sharing

I can use the material from a collection pool for breeding and return my results to the pool.

I have to pay to the pool only if I have a product protected by intellectual property rights.

Procedures defined in the SMTA

Standard Material Transfer Agreement.

Handling fee.

Pool: National Seed collections, CGIAR collections


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Competing Conventions and Treaties

  • FAO/ITPGRA

  • Motivation

  • Proof of competence of FAO

  • Avoiding sidelining of FAO through CBD

  • Unhappiness about CBD Regime

  • FAO has interest to expand model to

    • microbial and entomological genetic resources

IBMA, IOBC and icipe has that interest too! And we do cooperate with FAO to this end.


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Thank you!


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