Natural Justice and the Berne Declaration Submit New Letter to EU MEPs Regarding the Implementation of the Nagoya Protocol as the European Parliament considers its Implementation within the Union

On 6 September 13, Natural Justice and the Berne Declaration sent an letter to the Members of the European Parliament regarding the implementation of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (Nagoya Protocol) in the European Union.

The original Draft Regulation on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union presented by the European Commission (EC) in October 2012 (Draft ABS Regulation) included a number of short comings, including the fact that user obligations were only going to be triggered by the physical access of genetic resources in the provider country post ratification of the Nagoya Protocol. When the Draft was considered by the Committee on the Environment, Public Health and Food Safety (ENVI Committee) on 4 July 2013, the ENVI Committee adopted a number of amendments that addressed some of these short comings, including the modification of the scope of the regulation to include new and on-going utilizations of genetic resources (GRs) and traditional knowledge (TK). In their letter, Natural Justice and the Berne Declaration urge Members of the European Parliament to adopt the balanced proposal tabled by the ENVI Committee without further amendments.

The two organizations argue that if the ENVI Committee text were amended to revert back to access-based trigger points for user compliance, the European Regulation implementing the Nagoya Protocol would not apply to the new utilization of GRs and TK accessed before its entry into force, even when the use of such GRs and TK is newly initiated or the GRs or TK has been accessed illegally. They underscore that this approach would undermine the Nagoya Protocol’s principles in relation to the fair and equitable sharing of benefits, be inconsistent with an overwhelming body of ABS laws of provider countries, thereby increasing legal uncertainty for European users, and would lead provider countries to take extensive control measures at the moment when GRs are taken out of the country, regardless of the purpose for removal. Similar and additional arguments  were submitted to EU MEPs by the African Union on behalf of the African Group on 9th September.

The upcoming vote at the European Parliament in the coming days is key as it will set the path of the next negotiation phase. In order to ensure a greater legal certainty for providers and users of GRs, as well as to facilitate access to GRs for European users and consistency with the spirit of the Nagoya Protocol, Natural Justice and the Berne Declaration therefore call for the adoption of the proposal tabled by the ENVI Committee in its current form.

See also:
Joint Letter to the European Union Committee on the Environment, Public Health and Food Safety on the EC’s Draft ABS Regulation
Letter by Indigenous Information Network and Natural Justice, signed by 53 civil society organisations and individuals, 2013

Joint Submission to the European Union on the Draft Proposal on the Implementation of the Nagoya Protocol on Access and Benefit Sharing
Submission by Natural Justice and the Berne Declaration on access, utilisation, and user obligations, 2013

Meeting of the African Group of Parties to CBD

Via abs-initiative.info

On 1 March 2013, the African Group of parties to the Convention on Biological Diversity (the African Group) had a meeting on the sidelines of the 7th Pan-African Access and Benefit Sharing (ABS) workshop in Phalaborwa, South Africa. The meeting was chaired by Prudence Galega of the Ministry of Environment Protection of Nature of Cameroon. 

The African Group discussed their future involvement in discussions around the draft AU guidelines on ABS. They agreed that the African Group should call for inputs or questions emanating from various fora are strategically important and it is important for the group to raise the African position in all fora. 

With regard to draft EU regulations on ABS, they wanted to explore writing a letter of concern to the European Council. Pierre Du Plessis from the Centre for Research Information Action in Africa mentioned that Kabir Bavikate and Johanna Von Braun of Natural Justice have already drafted something along these lines. The African Group decided to write a one-page document to the European Council to endorse the draft letter of concern to the EU Parliament written by Natural Justice.

COP 11 Preparations

Natural Justice's Holly Shrumm, Arpitha Kodiveri and Harry Jonas attended the CBD Alliance's preparatory meeting to develop the civil society's strategic engagement at the CBD's 11th COP. Among other things, the team helped draft the group's opening statement and Arpitha Kodiveri chaired a meeting between the CBD Alliance and the New Executive Secretary Braulio Ferreira de Souza Dias (pictured). Similarly, Kabir Bavikatte worked with the African Group to prepare for the COP. More information can be found on the CBD website and the CBD Alliance website.

ABS Working Group 9, Cali, Colombia

The ninth meeting of the ABS Working Group (ABS 9) of the Convention on Biological Diversity (CBD) will be held from 22-28 March in Cali, Colombia. ABS 9 will continue negotiations on an international regime on ABS, and focus on the consolidation of operational texts developed at the seventh and eighth meetings of the Working Group. With regard to the main components of the regime, including traditional knowledge, the meeting is expected to proceed with the negotiating process with a view to achieving consensus. It should be recalled that, in accordance with Decision IX/12 of the Conference of the Parties (COP) to the CBD, the Working Group is instructed to finalize the international regime and to submit for consideration and adoption by COP 10 an instrument/instruments to effectively implement the provisions in Article 15 and 8(j) of the Convention and its three objectives. ABS 9 is the last meeting of the Working Group before CBD COP 10, to be held from 18-29 October 2010, in Nagoya, Japan. Natural Justice's Johanna von Braun, Holly Shrumm, Kabir Bavikatte, Gino Cocchiaro and Harry Jonas will be in attendance. Kabir will be advising the African Group while Johanna, Holly, Gino, and Harry will be coordinating consultations and presenting at side events. Daily reports can be read on: http://www.iisd.ca/biodiv/abs9/

Preparing for ABSWG9

Kabir Bavikatte and Olivier Rukundo from Natural Justice, were in Windhoek, Namibia as the legal advisors to the African Group in its preparations for the 9th Meeting of the Working Group on Access and Benefit Sharing (ABSWG9) in Cali from the 22nd to the 29th of March 2010. The African Group deliberated on its position for ABSWG9 over three days. The work of the African Group concluded with the development of a consensus position that will be presented to the African Ministers for Environment and will be advocated as the African position in Cali.

Pan African Responsibilities

Kabir Bavikatte as per the request of the chairperson of the African Group of ABS negotiators developed a briefing document on ABS for African ministers who will be attending the Pan African Ministerial Conference in Windhoek from the 8th to 10th of March 2010. Kabir Bavikatte as the team-leader of the African team of drafters along with Olivier Rukundo an associate of Natural Justice, has helped prepare briefing documents for the African Group of negotiators to aid them in their preparations for the 9th Meeting of the Working Group on ABS to be held in Cali, Colombia from the 22nd to the 28th of March 2010.