Workshop Recommendations

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

Results: National implementation - GROUP 3

Capacity building:

1. There is a need for clarity as to who will mobilize the community when it comes to negotiating ABS agreements- will the burden fall on the state or will it fall on business
2. There is a need for capacity building at a community level
3. There is also a need for capacity building at a government level
4. There is a shortage of good environmental lawyers who will assist ABS negotiations and drafting of regulations
5. Communities need to have access to markets themselves so they can capitalize on their traditional knowledge
6. Capacity building needs are different for different stakeholders and will also be different at different stages of the ABS process.
7. Who will provide this capacity building?

Application:

1. Partnerships should allow flexibility to accommodate changes that are likely to occur in product development
2. There needs to be a transparent stakeholder analysis
3. Greater flexibility in regulations is essential
4. Modalities of trust fund that is set up to receive benefits from benefit sharing agreements should be carefully thought out
5. The bioprospector should take risk of the possibility that a particular genetic resource or traditional knowledge may not be successful. It is not possible to hold off all benefit sharing agreements until a successful end product
6. There needs to be greater clarity regarding protection of traditional knowledge, a proper definition of community and benefit sharing process, monitoring and evaluation. For e.g. in the Vernonia example there must be a mechanism for evaluating whether or not there was any traditional knowledge involved especially since the patents applied for by Vernique were extremely wide.
7. There is a need to elaborate the different milestone payments at different stages
8. It is more useful to look at the idea of a trust fund when referring to communal ownership
9. Involvement of and benefit sharing with communities is best done on a case by case basis rather than creating a one size fits all formula

Expectations:

1. Community expectations may be raised when ABS agreements are negotiated at the bioprospecting stage when there is little clarity as to whether the end product would actually reach the market
2. The question of ownership of biological and genetic resources on private land needs to be resolved. Would it belong to the land owner, community whose traditional knowledge is associated with it or the government?
3. It is necessary to build greater community awareness regarding the process of development of traditional knowledge or genetic resource before it reaches the market. This will bring in an element of realism in ABS negotiations
4. Contracts which ensure benefit sharing provides significant legal certainty in cases where the user country where the company is based does not have adequate ABS legislation but it is only proper regulation in the provider country that will level the playing field and prevent communities from being exploited
5. A centralized permit system within a country will make the ABS process far more efficient

Innovative approaches:

1. The Namibian act itself is innovative
2. Having an interim body monitoring ABS and using the law of contracts before the coming into force of a Namibian ABS legislation is also innovative
3. There is a need for innovative approaches to benefit sharing
4. It is important to view ABS as a reciprocal relationship between the state, business and communities regarding ownership and rights. This is the way to view it rather than constantly looking at it as sharing of profits by companies with communities.
5. Benefit sharing must be approached from a business angle and it is crucial to understand what different negotiating partners look for

Regulation of academia:

1. Need for exemptions in regulating research- which in a number of cases is non-commercial and exploratory

Go back to the overview or proceed to Recommendations: Grey Areas and Solutions