ABS the long road to Nagoya

1. ABS the long road to Nagoya Sem T Shikongo Namibia

2. Road map • CBD and its provision • The various processes that lead to the negotiation of the ABS Protocol • The road ahead • The African approach?

3. ABS Road • 1992 CBD agreed in Rio Earth Summit • 1993 CBD Ratified and comes into force • 3 Objectives • Conservation of biodiversity • Sustainable use of biodiversity • Equitable sharing of benefits arising out of the use of biodiversity

4. Closer look at CBD • recognition of the rights of member states to protect knowledge innovations and practices of their respective local and indigenous communities is a direct challenge to the attempt by industrialised countries to introduce IPR protection over biological resources. • Privatising common goods and monopolising trade over such resources. • Signatories have to get permission before they collect resources and knowledge (PIC) • agree on the terms for exchange (MAT) • To share benefits fairly with local providers and countries (Fair and Equitable Benefit sharing) • Bonn Guidelines • ABS International regime

5. International Context • CBD aims to make conservation of biological resources an urgent and immediate goal for all countries (1992) • WTO’s Trade Related Aspects of Intellectual Property rights (TRIPS, 1995) • International Treaty on Plant Genetic Resources for Food and Agriculture- ensure that access to genetic resources for F&A are not restricted (2001) • UPOV-Union for the Protection of New Varieties of Plants, provides common rules to protect new plant var. (1961, 1978, 1991) • OAU Model Law ,to protect rights of local communities (1999)

6. Who are the stakeholders • Provider States • User States • ILC’s • Academia • Private Sector • Civil Society

7. Key questions • What should be the main procedures for gaining access? • How should users and providers agree on how benefits from the use of GR are to be shared equally and fairly? • What constitute use of GR? • How does that affect access and benefit sharing?

8. Key questions? • Why is traditional knowledge useful? • How does it relates to access and benefit-sharing? • How should governments as providers and user of GR, deal with and implement measures to govern access and benefit-sharing? • How do we ensure legal justice and compliance?

9. ABS road • 1998 A panel of experts to clarify principles and concepts of ABS • 2000 COP5 establish WGABS to develop guidelines to assist with implementation of ABS provisions • 2000 COP5 also establishes WG 8(j)

10. ABS road • 2002 Bonn Guidelines on ABS adopted in the Hague at COP-6 • 2002 August At WSSD governments call for the negotiation of an ABS international regime • 2004 COP-7 WGABS together with WG-8(J) is given the mandate to negotiate an international regime on ABS • Decision VII/19 D of COP

11. Road to Nagoya • 2006 COP-8 request WG-ABS to continue its work and complete before COP-10 • WG-ABS-5 Montreal 2007 • WG-ABS-6 Geneva 2008 • Possible elements with options for an IR recommendations to COP 9

12. ABS road • 2008 COP 9 establish clear process for the finalization of the IR to be adopted at Nagoya • ABS WG to meet 3 times between 2009 and 2010 to ensure completion of ABS IR • Final text emerged in Cali Colombia

13. COP-10 Aichi Nagoja • Negotiated text adopted by Plenary on 29 October 2010

14. What now? • It was indeed a long and tough road • NB to understand that the Protocol is a negotiated compromise • Reflects what could be reached at all given the wide diversity and clash of interest of negotiating groups • It deserves immediate implementation

15. How • We need to get out of negotiation mode • We need to develop a common strategy on how to use our new tool the Protocol • We need to move forward united in a positive and constructive spirit • Use the political momentum

16. Wayforward • We need to make sure we get what we need and even some of what we want from the implementation phase • We can use the constructive ambiguities in the text to our advantage • Capitalise on the strong role provided for national legislation by Protocol

17. Way forward • We need to develop a coordinated approach to national legislation • Linked to a collaborative way of dealing with bio-pirates • Partnerships with private sector • The Initiative and all our other alliace can assist in this new way of doing

18. Way of thinking • We need to look at our situation and take policy decision and action • Do we as Providers implement the provision of the Protocol as is? • Is it advisable for the user to implement the Protocol provisions as is? • Don’t forget benefits for conservation

19. African wayforward • We need to realise that negotiators are not necessarily the best implementers • We need to create widespread awareness and capacity • We need to continue moving with one focused voice • We need to realise that with the adoption of the Protocol the real work is just beginning

20. Rationale • To ensure that Africa negotiate on the basis of its own text and not that of the other groups as would be the case should Africa fail to present its own operational text before ABSWG7 and subsequent meetings

21. Africa will need to keep the momentum it established by being organised, well prepared and ready to innovate and think outside the box

22. I thank you