Nagoya Protocol on Access and Benefit Sharing

The Nagoya Protocol on Access and Benefit Sharing (ABS) is an international agreement adopted at COP10 with the aim to share the benefits arising from the utilization of genetic resources in a fair and equitable manner. The Protocol provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD. The Nagoya Protocol was adopted on 29 October 2010 in Nagoya, Japan and entered into force on 12 October 2014. 

JBF-supported initiatives provided essential early support for the ratification and implementation of the Nagoya Protocol. Workshops, e-learning modules, and training materials supported countries to develop and update their access and benefit sharing national frameworks, enhance awareness for governments on the value of genetic resources within their regions, and enable Parties to fulfill their obligations under the Protocol. These initiatives included targeted capacity-building programmes and tools for the establishment of legal frameworks on ABS, technical support, outreach, and translation to support the use of the ABS Clearing-House. The JBF also aided work towards the mutually supportive implementation of the Protocol and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). 

Legal Preparedness

The JBF supported the International Development Law Organization (IDLO) and the Centre for International Sustainable Development Law in implementing an initiative to help countries prepare their legal frameworks to achieve the 8 selected Aichi Biodiversity Targets (2 to 7, 14 and 17). The initiative was led by biodiversity law experts in collaboration with the general biodiversity community who shared their expertise allowing for the initiation of the scoping exercise to determine the legal nature and initial legal solutions to achieve the targets. An expert advisory panel consisting of 30 biodiversity experts from across the globe was formed to strengthen the program’s research and guidance materials. There were four formal expert consultations held at various stages of the program, including at the Ad Hoc Open-ended Working Group on the Review of Implementation of the Convention (WGRI), IUCN World Conservation Congress, COP11, and February 2013. The project developed the Compendium of Innovative Legal Practices: Version 1.0, which provides legal guidance for several of the Aichi Targets.

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CEPA Toolkit Including Consideration for Access and Benefit Sharing