Workshop Recommendations

Results of Group Discussions on ABS international regime, Biotrade, National Implementation

Results: ABS international regime - GROUP 1

Scope and nature of international regime:

1. Issues of definition need to be clarified
2. It is necessary to have a clearing house mechanism
3. Need to demystify ABS to all stakeholders
4. Does the regime cover plants in ex situ collections
5. Intention of trade determines which is an ABS issue and not- depends on use
6. What constitutes use in terms of ABS?
7. Would growers have to comply with ABS?

ABS regulations:

1. Issues of compliance of contract- how do we enforce contracts with stakeholders from countries with no mandatory ABS legislation
2. The intention of regulations is good but it is too business averse and defensive
3. Legislation in Southern Africa too wide and tends to cover everything including genetic and biological resources
4. There is a need for enforcement mechanisms in user countries to ensure compliance with ABS legislation in provider countries

Role of TK:

1. Researchers find ABS system relating to TK too bureaucratic which forces them to avoid researching any resource that is linked to TK
2. TK on the other hand gives a lead to screen products which may not have TK, so in some ways even though researchers don't use TK they still rely on it
3. There is a need a graduated approach in ABS regimes when it comes to TK

Development of African position:

1. There is a need to link up ABS and Art 8 j discussions and ensure community involvement in discussions?

Linkages to other international instruments:

Comments: why do we use Prior Consent rather than PIC in South African regulations, issues of translation- taxonomic v. traditional names, natural propagation is insufficient- expertise needed for propagation for commercial purposes

Go back to the overview or proceed to Results: Biotrade - GROUP 2