In the January issue of this newsletter, it can be read, that the current situation on ABS is characterized by a growing feeling of mistrust between users and providers of genetic resources. In the same issue, on the other hand, it was stated, that about 80 percent of the world’s people still use plant derived medicines for basic healthcare needs. Access to biodiversity is still important not only for pharmaceutical companies, but also for cosmetics, horticulture as well as agriculture. At the same time, the commercial use of genetic resources can negatively affect the interests of the providers of genetic resources, in case they are not able to make well-informed decisions about the genetic resources they own.

The ABS Management Tool (ABS-MT) has been prepared to respond to these challenges. It aims at building confidence, seeking mutually beneficial relationships between providers and users of genetic resources and supplying practical guidance over the full range of ABS activities. The ABS-MT has been developed by the State Secretariat for Economic Affairs (SECO) of Switzerland in collaboration with the International Institute for Sustainable Development (IISD), Stratos Inc. and Jorge Cabrera, a consultant. The ABS-MT is the result of a substantive research, consultations with ABS practitioners and governmental officials, outreach and field testing (1).

Added value
The providers and users of genetic resources are often facing a lack of practical guidance, certainty and confidence that prevents the actors of being able to manage the complexities of ABS negotiations. The Management Tool addresses some of these problems by providing practical guidance, capacity building and giving a common base for the negotiations.

Practical guidance — Even though the Bonn Guidelines are directed to all actors involved in ABS-related activities, they were not designed to give practical guidance to users and providers of genetic resources. In particular, non-governmental users and providers, including research organizations, private companies, communities and indigenous peoples, have a need for clear guidance and tools to help them understand and implement the CBD’s provisions on ABS. The ABS-MT supplies for the users and providers of genetic resources best practice standards and clear steps for participating in negotiations for accessing genetic resources and sharing benefits.

Building capacity — ABS negotiations are complex. For many governmental authorities, communities and indigenous peoples and other stakeholders, ABS is an unknown area. There is often a lack of capacity and a lack of trust in one’s own capacities, that prevent potential providers from being engaged in ABS negotiations. The ABS-MT can be used as a capacity building instrument by addressing relevant ABS issues to national governments, companies, indigenous peoples and communities and providing a roadmap for ABS negotiations and discussing best practice.

Building confidence — A key aspect of successful ABS activities is the building of confidence and trust between the genetic resource provider and the genetic resource user. Without confidence and trust, the access and use of genetic resources can result in negative impacts for both sides. The ABS-MT gives a common basis for the negotiations and an equal understanding of the ABS standards, what can be very helpful to build up a confidential relationship.

Key Elements
Best Practice Standard — The Best Practice Standards contain the three following core standards on ABS: Prior Informed Consent (PIC), Mutually Agreed Terms (MAT) and benefit-sharing. These standards are described in a manner that the actors know, what core elements have to be respected to fulfil the requirements of the Bonn Guidelines and the CBD regarding these standards. Besides these three core standards, the ABS-MT contains two additional standards for specific situations: traditional knowledge and the conservation and sustainable use. These standards should only be applied, if these subjects concern the access to genetic resources.

Good Practice Guidance — For supplying practical guidance to users and providers of genetic resources, the ABS-MT contains a checklist of concrete elements for each ABS standard like PIC, MAT, benefit sharing, traditional knowledge as well as conservation and sustainable use. The checklist is intended to be applied flexibly according to the needs and circumstances of each case. Beside this checklist the ABS-MT assists the actors by providing different tools like for example: Material Transfer Agreements (MTA), Model Contract Outline, Guidance on Negotiating Strategies/ Methods, List of Potential Benefits and Links to Sector-Specific Guidelines. Specific case studies provide additional guidance on applying the ABS-MT and highlight lessons learned from field tests with the ABS-MT and other ABS negotiations.

A challenge for all actors involved
The ABS-MT helps the different actors involved in the ABS negotiation to achieve an agreement, which is acceptable for all parties. The way to the agreement takes time, understanding, patience and is a challenge for all actors involved. We hope, that the ABS-MT aids to face this challenge and leads the parties to a satisfactory agreement.

Claudia Denss is Scientific Advisor, State Secretariat for Economic Affairs SECO

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(1) The tool is available in three languages (English, Spanish and French) and can be downloaded here