Introduction
The Nagoya Protocol, adopted on 29 October 2010 in Nagoya, Japan, is an international agreement under the Convention on Biological Diversity (CBD). It addresses access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation, advancing the CBD’s third objective. The protocol emphasises legal certainty, transparency, and compliance to promote conservation, sustainable use, and equitable benefit-sharing of biological diversity.
Scope
The protocol applies to genetic resources within the CBD’s framework and associated traditional knowledge. It includes benefits from utilisation, ensuring consistency with the CBD’s goals.
Objective
The protocol aims to ensure the fair and equitable sharing of benefits from genetic resources and their associated traditional knowledge. This is achieved through access regulations, technology transfer, funding, and conservation efforts.
Fair and equitable benefit-sharing
Benefits arising from the utilisation of genetic resources are to be shared with the resource providers under mutually agreed terms (MAT). These benefits may be monetary (e.g., royalties, access fees) or non-monetary (e.g., capacity-building, joint ventures). Indigenous and local communities are prioritised for fair benefit-sharing, especially concerning traditional knowledge.
Access to genetic resources and traditional knowledge
Access to genetic resources is contingent upon prior informed consent (PIC) and compliance with national legislation. Provisions are made for indigenous and local communities to participate and consent to access their traditional knowledge.
Compliance
Parties are required to establish measures ensuring that genetic resources are accessed according to PIC and MAT. Mechanisms are also mandated to address non-compliance and support international cooperation.
Transboundary cooperation
For resources and traditional knowledge shared across borders, parties must collaborate to implement the protocol effectively. Cooperation ensures equitable benefit-sharing among relevant communities.
Monitoring and information sharing
An Access and Benefit-sharing Clearing-House is established to facilitate transparency and information sharing. This mechanism tracks compliance, permits, and other relevant data, fostering accountability.
Capacity building and technology transfer
The protocol prioritises capacity-building for developing countries, particularly least-developed nations and small island states. Efforts include enhancing research capabilities, legal frameworks, and technological infrastructure to enable sustainable utilisation of genetic resources.
Global multilateral mechanism
A potential global mechanism is proposed to address benefit-sharing in cases of transboundary resources or those without identifiable providers. Benefits under this mechanism are directed toward global conservation efforts.
Governance and review
The Conference of the Parties (COP) oversees the protocol’s implementation and ensures alignment with CBD objectives. Regular reviews and updates ensure the protocol remains effective and responsive to evolving needs.
Monetary and non-monetary benefits
Key monetary benefits include royalties, access fees, and research funding. Non-monetary benefits involve knowledge sharing, capacity-building, and contributions to local economies.
Recommendations
- Countries should develop and enforce clear legislation to facilitate PIC, MAT, and compliance mechanisms.
- Capacity-building programs should target resource-rich but economically vulnerable nations to ensure equitable participation.
- Collaborative frameworks between nations are vital to manage shared resources and traditional knowledge.
- Stakeholder awareness campaigns and training should be prioritised to enhance understanding and adherence to protocol provisions.