Workshop Recommendations

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

Results: Biotrade - GROUP 2

Trade legal and policy issues:

1. The broad scope of the definition of genetic and biological resources could be a barrier to trade
2. If all research related to indigenous knowledge requires a permit that's a barrier to trade especially when indigenous knowledge is inadequately defined
3. It is important to develop interim arrangements for ABS when there is no legislation or regulation in place
4. The different country legislations in Africa seem to have different scopes. This creates a problem with regional harmonization
5. Contracts need to be regulated to level playing field between communities and business
6. It is crucial to have a one stop shop when it comes to procuring ABS permits
7. Business is keen on stakeholder involvement at all stages of the process of developing ABS country legislation and regulations
8. The Namibian example is an important one since it focuses more on benefits for communities rather than on sharing of profits which makes it more business friendly
9. Negotiation periods between business and communities take too long and this frustrates potential ABS contracts

Consumer information:

1. Consumer information regarding ABS promotes fair trade
2. There is a growing demand amongst the public for fair trade products (products that are ethically produced, including ABS etc.)
3. It is important to create product differentiation through labeling which gives the consumer information about products that have an ABS agreement behind them and those that don't

Standards:

1. Use current scientific methods that have been developed to identify biological/genetic resources
2. It is best to leave quality standards to business, who in their own interests will develop best practices

Product development:

1. Milestone payments must be flexible
2. There is a need to develop good public-private partnerships
3. Milestone issues become complicated when there is no clarity of the end product at early stages of bioprospecting
4. Defensive approach of regulation is not helping product development. Regulations need to be more proactive
5. Regional cooperation amongst countries is useful in facilitating biotrade

Technology transfer/ knowhow:

1. There is a need to requirements for local partners in ABS agreements to ensure technology transfer
2. It is important to share knowledge regarding cultivation and production since most genetic resources are available in the wild and there is little information about how to cultivate them for the market
3. There is need for a process to determine the relevance of traditional knowledge, traditional technologies, technology systems, taxonomy etc. make this a part of the ABS negotiation process and agreements
4. Local businesses need help to move further up the value chain

Comment: Lack of an international regime creating problems of implementation of legislation, length of period of contract problems- company comfortable with a certain period and states with another, is size of the country an advantage in the context of Namibia, lack of trust between stakeholders harming natural products from Africa

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