9.00 - 9.15

Recap of previous day

• Slide show with rapport on main findings
  Rapporteur: Kabir Bavikatte, South Africa

RECAP_OF_PREVIOUS_DAY.ppt Recap of previous day

74 kB

9.15 - 9.30

ABS and the Private Sector: African Examples

• Novozymes in Kenya
• Teff – an Ethiopian-Dutch Bioprospecting Case
  A film produced by German ZDF/3sat science magazine “nano”

Novozymes.wmv Download clip for Windows Media Player

14.3 MB

9.30 - 9.45

The ABS Negotiations: Status and Challenges

• Rio – Johannesburg – Bonn: Highlights and milestones
  Valerie Normand, SCBD

Presented on the Gap Analysis:

1. Not all countries provider and user countries have necessary legislation
2. Uncertainty amongst both providers and users due to lack of predictability
3. Difficulty in tracing and monitoring genetic resources once they have left the country
4. In situations of non compliance with laws of provider countries, access to remedies are not clear

Challenges:

1. Different types of GR used by different uses for different purposes
2. Lack of clearly defined ownership amongst providers

Valerie_Normand_2.ppt Rio - Johannesburg - Bonn: Highlights and milestones

4.1 MB

9.45 - 10.00

• The ABS agenda of COP 9 in Bonn
  Fernando Casas and Timothy Hodges, Co-chairs of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing

We are working to affect a multilateral outcome in support of the domestic outcome. At the same time we are operating in a multilateral environment and need multilateral co-operation. African negotiators while being very capable need the ministerial support to ensure that their agenda is successful. The idea of ABS goes back to the time when we were negotiating the CBD. We were bringing together environment and development in the form of sustainable development. The three objectives of the CBD are interdependent- conservation, sustainable use and benefit sharing. The third objective cannot be delinked from the first two, it is a part of it. In the CBD we agreed upon a strategic plan and in 2010 we hope to have a draft international regime in the context of the MDGs and the core objectives of the CBD. One of the fundamental difficulties for negotiators is the lack of awareness in their home countries. This has been a failure and therefore a challenge to the ministers. We ask the ministers to help us to raise awareness. We also need a win-win situation at the COP 9 and everybody needs to get something out of this. Ironically it is not the habit of negotiators to identify the areas of commonality, they tend to identify differences to gain more leverage and this will change at COP 9

There is greater experience in making policy changes in developing countries than the developed countries and this is useful for us as co-chairs. There is a lack of clarity in the area of traditional knowledge, and this needs to be dealt with. We also need industry at the negotiation table because industry needs to change and they can identify how they will change in ways that feasible in terms of the market. We also need public research institutes at the table.

We spoke to ministers at the UNEP meeting in Monaco, and unless ministers step in at this stage and resolve the stalemates, it will be hard to go forward. COP is a political body and not a working group. Our problem is that subsidiary bodies like the working group are sending a lot of brackets to the COP and that will cause further problems.

Our intention in COP 9 is to get a clear sharp mandate (Bonn Mandate) for the working group to complete the negotiation and have a consolidated draft of the regime before COP 10. To do this we need a decision telling the working group what needs to be done. So we need a single basis for negotiation which was established in Geneva. In terms of ministerial involvement we need a personal commitment on the part of the ministers that they will ensure their full support for this initiative towards an international ABS regime by COP 10

Questions:

• Have you taken into consideration the WTO position regarding the ABS regime?
• What is the WIPO link with the CBD in relation to ABS?
• Since a number of states need to still develop national legislation on ABS, would it be useful to develop a model legislation that these states can base their laws on?
• How will compliance be ensured in the international regime and how will it be monitored?
• What of compensation for past use of genetic resources?

Answers:

This issues the CBD covers are also issues for WTO. But we have a mandate from the COP general assembly to develop an ABS regime.

ABS is not a trade negotiation, we aren’t speaking of IPRs, though we have to recognise that there are trade and IPR related issues here. So we need to steer the CBD clear from these issues. In the TRIPS Council it is a point of agenda the relationship with the CBD, and it is a complex one and so also with WIPO.

The Bonn Guidelines are already there to help countries develop their national legislation and this should be sufficient.

We are concerned that many countries are waiting for the ABS regime in order to develop national legislation. But without some experience in developing domestic policy and legislation on ABS, it would be very difficult to realistically negotiate an international regime.

Regarding compliance this is something the negotiators would have to deal with when speaking of the regime. They have to identify gaps between the domestic world and the international world.

10.00 - 11.00

• Experts panel and open discussion: Africa and the ABS challenge
  Samuel Diemé (Senegal), Dr. David Hafashimana (Uganda) and Sem Shikongo (Namibia)

WHAT ARE THE MAIN CHALLENGES FOR THE COP 9 NEGOTIATIONS FROM THE AFRICAN POSITION:

Samuel Dieme (Senegal):

• We are losing our GR and TK without getting anything in return
• The international regime is making headway faster than the local development of legislation. This is of serious concern since it should be up to us at a national level to have the necessary laws and regulations in place to support the international regime
• Our ministers need to become aware of this urgency
• We therefore need to create a lot of awareness raising at a local level

David Hafashimana (Uganda):

• In what capacity do we involve the Ministers in COP 9? Will they be in the contact group? If so how do we address the fact that contact group will be frank and hard negotiation while ministers need to be diplomatic?
• Delegations have held us at ransom in the previous meetings where they say they have to consult their capitals before they come to any conclusions- here we can avoid this since the ministers will be at COP 9 and they can get the necessary decision that we need to move forward
• African negotiators need to get a sense of where the other groups are heading and we need to return to the Johannesburg mandate on an international regime to ensure fair and equitable benefit sharing, because access has always been happening and will continue to happen

Sem Shikongo (Namibia):

• We need to know what we can live without and what we cannot live without? We currently have a wish list, but we need to be clear as to the things we are willing to give up, to get what we most want?
• We need a legally binding regime since the Bonn Guidelines are voluntary and insufficient to ensure compliance
• We need to be ready in Bonn to go beyond the mandate of legally binding regime- we need to also focus on ‘scope’ and have to take the necessary initiative in this regard
• We also have to look at the budget for future meeting since we hear that Japan plans to push for budget cuts
• Some LMMCs states overlap with the African Group and there are points of differences between these groups, so we need to bear this in mind
• We must continue at the national level to put in place necessary ABS national measures
• We need to take the initiative and bring more countries into a united negotiating block which will increase our leverage

11.00 - 11.30

Coffee / tea break

11.30 - 13.30

African coordination

OFFICIAL POSITION OF THE AFRICAN GROUP ON THE INTERNATIONAL REGIME ON ACCESS AND BENEFIT SHARING UNDER THE CONVENTION ON BIOLOGICAL DIVERSITY

The current document is a comprehensive statement of the position of the African Group of countries. This position has emerged as a result of intensive discussions within African Group at their co-ordination meetings during the six sessions of the Ad Hoc Open Ended Working Group on Access and Benefit Sharing negotiating the International Regime on Access and Benefit Sharing.

The current document speaks to the co-chair’s paper emanating from the 6th Access and Benefit Sharing Working Group Meeting that took place in Geneva, Switzerland in January 2008. The co-chair’s paper provides an outline of the issues regarding the International Regime on Access and Benefit Sharing on which a consensus has been reached (bricks) and issues which need further negotiations (bullets). This paper is available on the website of the secretariat of the Convention on Biological Diversity.

Principles of ABS

The following are fundamental principles for access and benefit sharing that has emerged out of the debates around it so far:

1. States have sovereign rights over their biological and genetic resources
2. Activities that involve access to genetic resources and associated traditional knowledge should be in accordance with the Convention on Biological Diversity
3. Access to genetic resources and benefit sharing is vital for conservation and sustainable use of biodiversity
4. It is essential to establish conditions that facilitate access and support scientific research while honouring principles of prior informed consent, compliance and benefit sharing
5. It is essential to share fairly and equitably the benefits arising from the use of biological and genetic resources and associated traditional knowledge and their derivatives and products with the country of origin.
6. Essential to honour terms and conditions under which the genetic resources are acquired
7. Indigenous and local communities must be involved in all issues regarding access and benefit-sharing especially in cases were they traditional knowledge, innovations and practices are involved as it relates to biological and genetic resources their derivatives and products

Objectives of the International Regime:

Effectively implement the provisions in Art 1, 8 (j), 15, 16 and 19 (2) of the Convention and its three objectives, specifically

1. By regulating transparent access to GR (genetic resources), associated TK (traditional knowledge), their derivatives and products
2. Ensuring conditions and measures for fair and equitable sharing of benefits arising out of the utilization of GR, associated TK, their derivatives and products to their prevent misappropriation and misuse.
3. To support compliance with provisions of the CBD (Convention and Biological Diversity) with national laws and requirements, including PIC (prior informed consent) and MAT (mutually agreed terms) of countries of origin and countries legally providing genetic resources, associated TK and their derivatives

Scope of the International Regime:

The scope of the IR (international regime) on ABS (Access and Benefit Sharing) shall among others include:

1. All relevant provisions of the CBD.
2. All BR (biological resources), GR, derivatives, products and associated TK, innovations and practices
3. All benefits arising from the commercial and other utilization of BR, GR, derivatives, products and associated TK, innovations and practices.
4. All benefits arising from the commercial and other utilization of BR, GR, derivatives, products and associated TK, innovations and practices from the coming into force of the CBD.
5. All continuing benefits arising from the commercial and other utilization of BR, GR, derivatives, products and associated TK, innovations and practices taken prior to the coming into force of the CBD.
6. All BR, GR, derivatives, products and associated TK, innovations and practices within national jurisdiction and of a transboundary nature.

The scope of the international regime on ABS shall exclude:

All species listed in Annex 1 of the ITPGRFA (International Treaty of Plant Genetic Resources for Food and Agriculture) unless they are used beyond the purpose of the said treaty.

Nature of the International Regime:

The international regime should be legally binding. In addition, it should stress more co-operative enforcement between parties and not refer conflicts primarily to private international law, which is not only expensive, but also a strain on resource poor countries.

Components of the International Regime:

Fair and Equitable Sharing of Benefits

Conditions to promote and safeguard benefit sharing:

The IR on ABS shall ensure that measures and conditions are taken at the international level to promote and safeguard the fair and equitable sharing of benefits arising from the use of BR, GR, their derivatives, products and associated TK

1. Fair and equitable sharing of benefits arising from use of BR, GR, derivatives, products and associated TK
2. Minimum conditions and standards in IR for sharing of benefits
3. Access shall be linked to minimum benefit sharing arrangements
4. Benefit sharing for derivatives and products must be covered by IR
5. Multilateral benefit sharing options for BR and GR whose origin is not clear or transboundary BR and GR
6. Monetary and non monetary benefits for every use, in line with elements listed under appendix 2 of the Bonn Guidelines
7. Facilitating access to and transfer of appropriate technology by parties/ private sector on concessional and preferential terms
8. MAT must stipulate benefit sharing arrangements on derivatives and products
9. Benefits should be directed towards conservation and sustainable use of biodiversity and socio-economic development in countries of origin
10. Establish trust funds for trans-boundary genetic resources and associated TK
11. Ensure effective participation, involvement and inclusion of indigenous and local communities through PIC, MAT and benefit sharing processes

Access:

The IR shall ensure that access to BR and GR, their derivatives, products and associated TK be conditional on fair and equitable benefit sharing arrangements, contributing towards socio-economic development of the country of origin/legal provenance, sustainable use of biological resources, transfer of appropriate technology associated with BR and GR, their derivatives, products and associated TK being accessed and shall be subject to:

1. National sovereignty
2. National competent authority
3. National legislation/requirement (Art 15.1 and 15.5 )
4. Environmentally sound uses
5. PIC and MAT from contracting party or as otherwise provided by national law/regulations/requirements
6. Sharing results of R and D and results commercialization and other utilization with provider countries
7. Transfer of appropriate technology associated with BR, GR, their derivatives, products and associated TK being accessed
8. Protection and enforcement of associated traditional knowledge and practices

Compliance:

The compliance mechanism of the international regime shall ensure that access to BR, GR, their derivatives, products and associated TK and benefit sharing mechanisms shall be mutually enforceable both in provider, user countries and other parties in conformity with CBD obligations and national law/regulations/requirements of provider country regarding access and benefit sharing.

Measures to ensure compliance shall include but not limited to the following:

• Reporting systems
• Tracking systems
• Speedy and effective enforcement of contracts in case of breach
• ABS related judgments passed in one party should be mutually enforceable in all other parties (liability and redress)
• Certificate of origin/source/legal provenance
• Certificate of compliance with national laws/ regulations/requirements and CBD obligations
• Disclosure of origin of genetic resources, derivatives, products and associated TK in IPR applications in all relevant fora
• Transfer of technology
• Sanctions for non-compliance

Capacity Building:

Capacity building measures shall be undertaken at all relevant levels in both user and provider countries to ensure effective implementation of the IR. Capacity building measures shall include but not limited to:

1. Establishment of a financial mechanism to address the issue of capacity building.
2. Development of capacity for legislation on ABS issues.
3. Enhancement of capacity of negotiators and stakeholders
4. Building of capacity for information and communications technology on ABS at all national focal points.
5. Building of capacity to prevent misappropriation, misuse and bio-piracy
6. Building of capacity of local and indigenous communities
7. Building of capacity of national focal points
8. Ensuring that national capacity self assessment will be the guideline for minimum capacity building requirements
i
9. Capacity building should include, but not limited to valuation of genetic and other natural resources, valuation of TK and Innovations, negotiations of legal contracts, bio prospecting/associated research methods and relevant equipment for such research and taxonomic studies. Conservation and sustainable use of natural resources and inventorying/documentation of genetic resources and technologies for monitoring and tracking of genetic material.

Traditional Knowledge:

The IR shall include measures to ensure the full and effective participation and involvement of ILCs (indigenous and local communities) in decision making, PIC and MAT and the sharing of benefits arising from the use of their GR, innovations, practices and associated TK.

• The IR shall ensure a declaration to be made on the certificate of origin/source/legal provenance as to whether there is any associated TK and who the owners of the TK are
• The IR should recognise the rights of communities to control use including future use of GR and associated traditional knowledge in the context of benefit sharing agreements
• The IR shall ensure that measures for capacity building shall be undertaken among ILCs to ensure their effective participation in ABS related issues.

13.30 - 14.30

Lunch

14.30 - 15.30

• Brief Overview on Other Agenda Items of COP 9
  Jochen Flasbarth, Director Department of Nature Conservation, German Federal Ministry for Environment, Nature Conservation and Nuclear Safety

• Protected Areas (Life Web Initiative)
• Forests
• Biofuels

	Flasbarth_1.doc	99 kB
	Flasbarth_2_Life_Web_-_Flyer.pdf	126 kB

15.30 - 16.00

Coffee / tea break

16.00 - 17.00

• Biodiversity and climate
• Innovative Financial Mechanisms

17.00 - 19.30

Official Closing of the Meeting

Minister Seychelles: The meeting was highly successful for our position in COP 9. I am happy to say that we believe that Africa is well placed. I extend my sincere thanks on behalf of the participants to all of you who have made this happen. Now it is our responsibility to speak to our fellow ministers to establish the way forward. We have to do our part to protect our interests. The responsibility has been placed on us to be the champions for Africa and I wish to reaffirm that we will go into COP 9 with a business like attitude with what we would like to see in the future. I welcome the leadership of Germany and I welcome the restructuring of bureau. We are putting our trust in you co-chairs and executive secretary. We have a duty not only to our children but also for those who do not have a voice and for the species of plants and animals. On the part of the Seychelles government I give you my undertaking that we will do our utmost to further this process. I would like to extend an offer of the Seychelles to host more such expert meetings in the future.

From 19.30

Informal beach barbecue at the Le Méridien Barbarons