The Nagoya Protocol on Access and Benefit-sharing

Access and Benefit-sharing // Guidance for the NBSAP revision process
Friday // 2.9.2024

Guidance for the NBSAP revision process

Considerations for setting or aligning national targets to Target 13 

Parties may wish to consider the following questions and issues when setting or developing national targets related to this global target:

  • Parties to the CBD, that have not yet done so, may wish to ratify the Nagoya Protocol and plan for its full and effective implementation.
  • Parties to the Nagoya Protocol may wish to assess whether they have all necessary institutional structures and measures in place to ensure the sharing of benefits from genetic resources and associated traditional knowledge and facilitate appropriate access to genetic resources, as appropriate. 
    • Is my country complying with all the obligations under the Nagoya Protocol? Are the measures in place effective (Do they lead to /How can I increase the benefits being shared)?
    • Preparing the first national report of the Nagoya Protocol can be a useful tool for countries in this regard and preparing the report can help countries in the discussion (decision NP-4/3). The format for the national report includes a comprehensive list of the obligations set out in the Nagoya Protocol for its Parties, and the opportunity to reflect on challenges and lessons learned in its implementation.
    • These questions are applicable to all Parties both from the users and provider perspective. It requires countries to assess their level of implementation not only in a factual manner (whether there are measures in place) but also to assess their level of effectiveness (whether the measures are effective to lead to a significant increase in benefit-sharing). 
  • Parties to the International Treaty on Plant Genetic Resources for Food and Agriculture are encouraged to prepare a national report on compliance to the International Treaty, which enables the country to have an overview of national-level measures to implement the International Treaty, and its Multilateral System in particular[RK1] . By doing so, Parties may be able to assess whether they have all necessary institutional structures and measures in place to ensure the sharing of benefits and facilitate appropriate access to genetic resources, as appropriate. Countries that have not done so may wish to ratify the International Treaty.
  • Countries may wish to assess their capacity-building measures for ABS for genetic resources, digital sequence information and traditional knowledge associated with genetic resources. National processes related to this target may wish to identify their capacity-building needs and possible ways to address them impactfully. Countries, with the capacity to do so, may wish to direct funds and other resources to build capacity on ABS. In doing so, Parties may wish to consider guidance provided by the different international ABS instruments regarding capacity-building for example amongst others:
    • Long term strategic framework for capacity-building and development adopted by COP in the context of the Global Biodiversity Framework (decision 15/8)
    • Action plan for capacity-building and development to support the effective implementation of the Nagoya Protocol to be adopted at COP-MOP 5
    • Capacity Development Strategy of the International Treaty 2023-2030 (resolution 10/2022).

Steps to ABS policy setting

Adapted from the SCBD-IDLO E-learning course, module 2: Policy setting[1]

Step 1: Situational and stakeholder analysis

A recommended first step in ABS policy setting is to gather a baseline understanding of ABS capacities and interests, through a situational analysis supported by stakeholder consultations. Sometimes referred to as the ‘diagnostic’ stage, it involves working with a broad range of stakeholders to understand where the country stands on ABS issues; and to take stock of the country’s resources, needs and opportunities to engage in ABS decision-making and partnerships. 

Proper situational analysis can enable countries to understand the ABS status quo. From this understanding, countries can examine the possible impact of different policy options and identify early needs for targeted capacity building or awareness raising campaigns. This exercise enables an assessment of policy impacts and can lead to better informed choices for concrete policy goals and approaches. Here is an indicative list of the issues that you can consider when undertaking a situational analysis: 

  • Genetic resources and associated traditional knowledge, 
  • Responsible institutions, 
  • Legal rights and framework,
  • Capacity to implement,
  • Current and potential users,
  • Linkages between ABS and other goals.

Step 2: Articulate vision and goals

Once step 1 has been completed and an understanding developed of the existing policy and regulatory framework, and potential for the domestic ABS system to contribute to national goals, countries can focus on the next step of defining the country’s goals, mission, vision and policy guidance on ABS. At a basic level, the content of ABS policy instruments should make clear: What does your country want to achieve with developing and implementing an ABS system? Some policy instruments, like strategies, go further and set out concrete action plans that respond to the question: How does your country plan to achieve the stated policy objectives and goals? 

Step 3: Select policy setting approach

A final step is to decide on the policy approach and instrument to use to set the ABS vision. In this step, countries need to consider the key challenges and opportunities - including themes, sectors and stakeholders - and choose a policy approach that raises the political will and stakeholder buy-in necessary to make ABS measures work on the ground.

Only a few countries have chosen to develop stand-alone ABS policy instruments to date. Doing so entails designing a separate policy-setting process focused on ABS issues. Motivations for taking this policy approach include:

  • To recognize the importance of ABS issues to the highest level; and mainstream ABS issues into national development planning and decision-making; 
  • To raise awareness and buy-in amongst key stakeholder groups through the policy-setting process; 
  • To promote coherent design and implementation of ABS measures at the regional and sub-regional levels.

Another choice increasingly being made by countries is to integrate ABS issues into other sectoral policies and strategies. This approach aligns with Article 6(b) of the Convention on Biological Diversity that calls for countries to integrate biodiversity issues across sectoral and cross-sectoral plans, programmes and policies. Countries have integrated ABS into policies related to: biotechnology, intellectual property, enterprise development, healthcare and agriculture. Motivations for choosing this approach include to recognize the cross-cutting nature of ABS issues and to make clear how ABS can contribute to goals in other sectors.

Countries may also choose to address ABS only at the legal or administrative level and not to adopt any policy instruments. Countries who have selected this approach often have undertaken lengthy consultation processes and commissioned technical studies. With these inputs, they have defined clear ABS policy priorities, which although not formalized in a policy instrument, have directly informed the development of ABS measures.


 

[1]https://attachments.cbd.int/elearning/measures2-en/story_html5.html. The entire e-learning course “Establishing measures to implement the Nagoya Protocol” is available at: https://absch.cbd.int/en/kb/tags/elearning/Nagoya-Protocol-E-Learning-Establishing-Measures/64ff3f1b83fe089b22a68ae2.