scholarly journals Survey of access and benefit-sharing country measures accommodating the distinctive features of genetic resources for food and agriculture and associated traditional knowledge

2021 ◽  
Resources ◽  
2020 ◽  
Vol 9 (7) ◽  
pp. 83
Author(s):  
Wana W. Chinsembu ◽  
Kazhila C. Chinsembu

Many countries in Africa provide ethnobiological resources (more especially ethnomedicinal plants), which are converted by companies and users from developed countries into biopharmaceutical products without any monetary benefits to the countries of origin. To mitigate the lack of benefits, African countries are beginning to enact access and benefit-sharing (ABS) legislation, though their wheels turn very slowly. Since many African ABS laws have not been appraised for their feasibility, this paper presents a contextual analysis of Namibia’s new ABS law: The Access to Biological and Genetic Resources and Associated Traditional Knowledge Act No. 2 of 27 June 2017. Even if several international conventions on ABS and local institutional structures guided the evolution of the 2017 Act, the main drivers for the enactment of the ABS legislation in Namibia are: Inequitable sharing of monetary benefits from the green economy, putative, but unproven cases of biopiracy, and political power contestations over ethnobiological resources. A critical analysis of important challenges faced by Namibia’s new ABS law include: Lack of adequate participatory consultations and technical capacity at the local level, discount of the non-commodity cultural value of TK, ambiguous and narrow definition of the term ‘community’, lack of a clause on confidentiality, and assertions that the new ABS law negatively impacts research in Namibian universities and botanic gardens. In contrast to South Africa’s ABS law, Namibia’s law is more onerous because it does not differentiate between commercial and non-commercial research.


2010 ◽  
Vol 11 ◽  
pp. 148-157 ◽  
Author(s):  
Bikash Poudel ◽  
Pitamber Shrestha ◽  
Bir Bahadur Tamang ◽  
Abiskar Subedi

It is very evident that there is lack of well accepted and verified mechanisms as well as institutional set up for the realization of farmers' rights, including the effective implementation of International Regime on Access to and Benefit Sharing (IRABS). Community Biodiversity Management (CBM) embed good practices, proven to be effective in in-situ conservation of biodiversity through conservation through use, they also provide a base for a range of practices which serve the basis for IRABS to be affable and affordable to local communities. CBM encompasses the good practices serving documentation, conservation, facilitating exchange, providing access to genetic resources and associated traditional knowledge. Moreover, CBM also provide institutional structure and mechanism to share the benefits accruing from commercial use of the genetic resources, directly and indirectly.Key words: Genetic resources; Associated traditional knowledge; Access and benefit sharing; farmers’ rights; Community biodiversity managementThe Journal of AGRICULTURE AND ENVIRONMENT Vol. 11, 2010Page: 148-157Uploaded date: 16 September, 2010


2021 ◽  
Vol 13 (18) ◽  
pp. 10255
Author(s):  
Manohisoa Rakotondrabe ◽  
Fabien Girard

As in many other countries in the south, the traditional knowledge (TK) of local communities in Madagascar is facing extinction. Biocultural community protocols (BCP), introduced in Madagascar following the implementation of the Nagoya Protocol (2010) and defined by the Mo’otz Kuxtal Voluntary Guidelines as “a wide range of expressions, articulations, rules and practices produced by communities to indicate how they wish to engage in negotiations with stakeholders”, holds out hopes for TK protection. By analysing two pilot BCPs in Madagascar, one established around the Motrobe (Cinnamosma fragrans) with a view to strengthening the existing value chain (BCP in Mariarano and Betsako) and the second initially established around plant genetic resources for food and agriculture (BCP of the farmers in Analavory), this study aims to assess the place and value ascribed to TK in the overall BCP development process and to analyse whether or not the process has helped to strengthen and revitalise TK at the community level. The ethnographic studies show commonalities in both BCP, in particular their main focus on access and benefit-sharing mechanisms, this against the backdrop of an economic model which stresses the importance of financial and institutional incentives; and conversely, a relative disregard for what relates to the biocultural dimension of TK. Local taboos (fady) as well as traditional dina (social conventions), which have long allowed for the regulation of access to common resources/TK, are scarcely mentioned. Based on these findings, we conclude that in order to revitalise TK, the process of developing BCPs should recognise and give special importance to TK, considering it as a biocultural whole, bound together with the territory, local customs, and biological resources; or else, TK is likely to remain a commodity to be valued economically, or a component like any other.


2021 ◽  
Vol 12 ◽  
Author(s):  
Rachel Wynberg ◽  
Regine Andersen ◽  
Sarah Laird ◽  
Kudzai Kusena ◽  
Christian Prip ◽  
...  

Contestations about the way in which digital sequence information is used and regulated have created stumbling blocks across multiple international policy processes. Such schisms have profound implications for the way in which we manage and conceptualize agrobiodiversity and its benefits. This paper explores the relationship between farmers’ rights, as recognized in the International Treaty on Plant Genetic Resources for Food and Agriculture, and the dematerialization of genetic resources. Using concepts of “stewardship” and “ownership” we emphasize the need to move away from viewing agrobiodiversity as a commodity that can be owned, toward a strengthened, proactive and expansive stewardship approach that recognizes plant genetic resources for food and agriculture as a public good which should be governed as such. Through this lens we analyze the relationship between digital sequence information and different elements of farmers’ rights to compare and contrast implications for the governance of digital sequence information. Two possible parallel pathways are presented, the first envisaging an enhanced multilateral system that includes digital sequence information and which promotes and enhances the realization of farmers’ rights; and the second a more radical approach that folds together concepts of stewardship, farmers’ rights, and open source science. Farmers’ rights, we suggest, may well be the linchpin for finding fair and equitable solutions for digital sequence information beyond the bilateral and transactional approach that has come to characterize access and benefit sharing under the Convention on Biological Diversity. Existing policy uncertainties could be seized as an unexpected but serendipitous opportunity to chart an alternative and visionary pathway for the rights of farmers and other custodians of plant genetic resources.


2011 ◽  
pp. 41-76
Author(s):  
Irene Superina

This document begins by describing and analysing the international institutional framework, within which both the Convention on Biological Diversity (Cbd), the Trip's about international protection of intellectual property and the International Treaty on Plant Genetic Resources for Food and Agriculture (Itpgrfa) had been originated. The regimes on access and benefit sharing applying to Pgrfa's (plant genetic resources for food and agriculture) are looked into in detail. Then, the new proposal under finalization within Cbd (Cbd Abs) is analized, which could become effective very soon. Finally, a particular focus is put on the research sector on Pgrfa's and how it has been treated and regulated. In connection to this, Itpgrfa 2001 is compared with the forthcoming new Cbd Abs regime, that could open new scenarios and new perspectives for this sector.


Author(s):  
Chikelu Mba ◽  
◽  
M. Ehsan Dulloo ◽  
Kent Nnadozie ◽  
◽  
...  

Plant genetic resources for food and agriculture, a common concern of all countries, are critically important for the sustainable production of the significantly more nutritious food needed to feed an ever-growing population in the face of climate change and other drivers. This entails the translation of the potentials encoded into their genetic blueprints into improved productivities. The relevant international agreements, instruments and mechanisms, which address the conservation, sustainable use and access and benefit-sharing for these resources, are reviewed along with their remarkable contributions to food security and nutrition. The chapter also highlights the state-of-the-art for the scientific and technological methods used to conserve and add value through genetic gains to these resources. Underscoring the importance of collaborations at various scales, we call for continued global coordination and partnerships on the internationally agreed activities for conserving effectively and deriving the most benefits sustainably from these irreplaceable resources.


Author(s):  
Maria Yolanda Teran

This article is about Indigenous peoples’ involvement in the Nagoya Protocol negotiations from 2006 to 2010, as well as in its implementation to stop biopiracy in order to protect Pachamama, Mother Earth, and to ensure our survival and the survival of coming generations. The Nagoya Protocol is an international instrument that was adopted in Nagoya, Japan in October 2010 by the Conference of Parties (COP 10) and ratified by 51 countries in Pyeongchang, South Korea in October 2014 at COP 12. This protocol governs access to genetic resources and the fair and equitable sharing of benefits arising from their utilization (access and benefit sharing [ABS]). It has several articles related to Indigenous peoples and traditional knowledge, as well as: The interrelation and inseparable nature between genetic resources and traditional knowledge; The diversity of circumstances surrounding traditional knowledge ownership, including by country; The identification of traditional knowledge owners; The declaration of Indigenous peoples' human rights; and The role of women in the biodiversity process. In addition, this protocol lays out obligations on access, specifically participation in equitable benefit sharing, the accomplishment of prior and informed consent, and the mutually agreed terms and elaboration of a national legal ABS framework with the participation of Indigenous peoples and local communities in order to have well-defined roles, responsibilities, and times of negotiations.


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