Monday, 20th November 2006
09.00 – 09.10
Welcome
Dr. Andreas Drews, Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH, Germany
Short formal opening of the workshop, welcome of the participants and introduction of the facilitators Esther Mwaura-Muiru, Gudrun Henne and Dirk Jung.
09.10 - 09.40
Where do we come from?
Facilitator: Esther Mwaura-Muiru
Andreas Drews, Anne Angwenyi and Lovemore Simwanda were interviewed about the history of the ABS Capacity-Building Initiative for Africa including participants reports about the Addis Ababa Workshop in 2005 and the side events at the 4th meeting of the ABS Working Group in Granada as well as at COP 7 in Curitiba where the options and needs of an ABS initiative for Africa was assessed.
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09.40 -10.10
Regions, stakeholders, fields of work, self-presentation
Facilitator: Dirk Jung
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10.10 – 10.30
Introduction to the process and spirit of the workshop
Facilitator: Dirk Jung
The major aim of the workshop was to formulate a common vision of all stakeholders on ABS in Africa in 2010, when the negotiations of the international ABS regime should be finalized. The three-year Dutch-German ABS Capacity-Building Initiative for Africa is offering a variety of instruments to support the stakeholders and actors along the path from today to the vision. 
Therefore should, by the end of the wokshop a roadmap be created which will identify possible next steps of action until the next ABS Capacity-Building Workshop for Africa in late 2007.
As an initial brainstorming the following question was put before the participants:
“If in four years from now a journalist would ask you: “What has changed in the field of ABS in Africa since 2006?” – What would you like to answer?”
Each participant formulated one or two elements that he or she would like to see included in a vision.
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Slide show of participants vision elements |
0.9 MB |
11.00 – 12.30
Parallel training workshops
12.30 – 14.00
Lunch break
14.00 – 15.30
Continuation of the parallel workshops
Workshop 1: Basic legal training on CBD, ABS, IPR
Moderation by Dr. Gudrun Henne
Presentations by:
- Dr. Gudrun Henne, Lawyer, Zeit und Leben, Germany
The Convention on Biological Diversity and ABS – An Introduction - Valérie Normand, Programme Officer, Secretariat of the Convention on Biological Diversity
The Negotiation Process of ABS under the CBD - Laura Birkman, Department of International Affairs, Ministry of Agriculture, Nature and Food Quality, The Netherlands
ABS Negotiation Positions – Steps into the future
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531 kB |
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31 kB |
Issue areas covered by the basic legal training
- History of the international debate on genetic resources since 1972
- Articles of the CBD relevant for ABS: Art. 1, 15, 16, 19, 8(j)
- Decision-making structure in the CBD
- Double target 2010 adopted by the Johannesburg Summit and the COP: bring biodiversity loss to a halt; develop an international regime on ABS
- International negotiations on the regime of ABS 1992-2006, including Bonn Guidelines
- Stakeholders on ABS issues
- Positions by governments and regional groups in the negotiations of the international regime on genetic resources, including Like-minded Group of Megadiverse Countries
- Other instruments of the CBD touching on ABS: Cartagena Protocol on Biosafety; Working Group on Article 8(j)
- International fora and processes relevant for ABS (covered only briefly): International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR); World Intellectual Property Organisation (WIPO); World Trade Organisation (WTO)
Main topics discussed by participants
- Terminology: “genetic resources”, “biological resources”, “biochemical resources”, “traditional knowledge” as provided for in the text of the CBD.
- International negotiation positions: the role of different regions; the dynamics of the negotiations.
- Intellectual property rights and the Agreement on Trade Related Intellectual Property Rights (TRIPs) of WTO: How do patents work? What is meant by a sui generis regime in Art. 27 of TRIPs? How can traditional knowledge be protected?
- Relationship ABS and the Cartagena Protocol.
- Benefits arising out of genetic resources: What types of benefits are useful? What type of benefits are feasible?
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Workshop 2: Practical Approaches for Regional Cooperation
Moderation by Dr. Andreas Drews
Presentations by:
- Dr. Andreas Drews, Programme Officer, Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH, Germany
Regional Cooperation on ABS in the Andean Community and the ASEAN - Flora K. Mpanju, Patent Examiner, ARIPO, Zimbabwe
ARIPO’s Initiative on Traditional Knowledge and Access and Benefit- Sharing - Prof. Johnson A. Ekpere, Lawyer, Consultant, Nigeria
Approaches to ABS and Traditional Knowledge – The Role of the AU (OAU) Model Law
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Key issues covered in the presentations:
- The ANDEAN approach
- Decision 391 substitutes national legislation
- Over-regulatory
- The ASEAN approach
- Regional ABS clearinghouse mechanism
- Common biodiversity trust fund to finance the regional initiative
- Capacities of the region to complete the process in the case of medicinal case research up to product formulation
- ARIPO: African arm of WIPO located in Harare, Zimbabwe:
- Need to differentiate between uncodified traditional knowledge and codified traditional knowledge
- Intends to establish a TK database for Africa
- AU Model Law has considerable gaps regarding awareness and better understanding by all stakeholders.
- Need to develop a core of competent implementation staff.
- Mass production and circulation of the Model Law
- Development and funding of a concise implementation strategy
What can be learned from existing regional agreements?
Existing frameworks provide important lessons – though none of the existing frameworks can be seen as a ‘model’ for ABS cooperation in Africa. The question is whether there is a third way – an African way?
The question was asked how relevant existing legislation and regulations can be used, strengthened and coordinated to effectively address ABS at the regional level. Specifically the need to build on the AU model law was noted. A final but critical point was the need for regional cooperation to be ‘bottom-up’ – that is, to be based on strong national processes and legislation, as well as an inclusive and participatory discussion at the local and national levels.
Where is capacity-building needed?
Capacity-building was highlighted as a fundamental and cross-cutting concern and potential objective for regional cooperation. Examples given during presentations such as the establishment of regional centres of excellence were noted. Further needs identified included sensitizing national government representatives to ensure that they adequately reflect national and regional positions, supporting the inventory and evaluation of biological resources and developing MTAs and other best practices.
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15.30 – 16.00
Coffee break
16.00 – 16.30
Talk show: Lessons learnt in the two parallel workshop streams
Facilitator: Ester Mwaura-Muiru
- Actors urged to keep in mind the role of ABS – sustainable use of biological resources to benefit the local communities.
- First national laws needed, then work on scaling up.
- Consolidation of laws – some laws very outdated and may conflict with ABS.
- Regional vision is also required.
- African countries need to decide what regional bodies they want to be part of. Simultaneous membership in two regional bodies with the same general objectives might create policy conflicts.
- Approaches to regional cooperation can be very different, as evidenced by the Andean Community Decision 391 and the ASEAN Framework Agreement on ABS.
- AU model law contains many good ideas addressing the situation of local communities but needs revision.
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16.30 – 17.00
Introduction of the vision building process
Facilitators: Dirk Jung and Dr. Gudrun Henne
Brief explanation of the term ‘vision’ (as opposed to ‘vision statement’)
A vision is:
- not a dream
- not a forecast
- not an objective
A vision is:
- precise and concrete
- as if it would be real
- sensual (hear, see, fee)
- attractive and motivating
- holistic
Vision building as a step by step process with task forces of all stakeholder groups:
- governments
- private sector and academia
- NGOs and local and indigenous community representatives
Every evening of Monday, Tuesday and Wednesday, a task force representing one stakeholder group was invited to (further) develop the vision in the evening. This text was then presented and discussed with all participants in the next morning and handed over to the next task force. On Thursday evening a mixed group was formed to give a finishing touch to the vision developed so far.
Three members for each of the task forces were preselected. One „open chair“ was nominated by the entire group of participants. All members of the mixed task force were selected by the plenary.
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The final vision was presented and discussed on Friday morning and – after minor changes – adopted by all participants.
Catch of the Day
- Raising awareness at all levels on ABS.
- Regional cooperation
- Approaches of regional cooperation can be very different, from loose to over-regulatory.
- AU Model law has appropriate elements but requires revision/update.
- ARIPO has useful instruments to facilitate regional cooperation
- Precondition: Recognition of all Parties’ interest!
- Strong national processes can foster regional harmonisation
- To strengthen international negotiation positions AU must play a stronger role
- For implementation more regional approaches seem to be effective.
- Development/Sharing of ABS regulations
- Better understanding of international processes
- ABS can contribute to achieve the MDGs
- Unpacking benefit sharing
- Translating ABS into practice
