XI/1. Status of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization and related developments

CBD
Decision 
XI/1

XI/1. Status of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization and related developments

Gender reference

 Key area: (a) capacity to implement, and to comply with the obligations of the Protocol
Phase 1

-Ratification of the Protocol

- Legal and institutional development

- Raising-awareness of the importance of genetic resources and TK associated with genetic resources, and related ABS issues

- Special measures to increase the capacity of ILCs with emphasis on enhancing the capacity of women within those communities in relation to access to genetic resources and/or TK associated with genetic resources.

- Mapping of relevant actors and existing expertise for the implementation of the Nagoya Protocol.

- Mobilising new and innovative financial resources to implement the Nagoya Protocol

- Establishing mechanisms for interagency coordination.

Elaborated language

A. Further work in preparation for the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol

The Conference of the Parties,

Recalling the mandate of the Open-ended Ad Hoc Intergovernmental Committee for the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to undertake the preparations necessary for the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol, in accordance with decision X/1 of the Conference of the Parties, Recalling also the work plan set out in annex II to decision X/1 of the Conference of the Parties,

Taking note that substantive progress has been made on several issues identified in its work plan,

Noting that some issues of the work plan require further consideration with a view to facilitating decision-making by the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol,

1. Welcomes the reports of the first and second meetings of the Intergovernmental Committee for the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization;

2. Decides to reconvene the Intergovernmental Committee for a third meeting to address outstanding issues in its workplan, in preparation for the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol; 

3. Calls upon Parties to the Convention on Biological Diversity that have not yet done so to initiate and expedite their internal processes leading to ratification, approval or acceptance of or accession to the Nagoya Protocol;

4. Invites Parties, other Governments, relevant international organizations, indigenous and local communities and all interested stakeholders to submit information to the Executive Secretary on model contractual clauses, codes of conduct, guidelines and best practices and/or standards; 5. Requests the Executive Secretary to make the information referred to in paragraph 4 above available through the pilot phase of the Access and Benefit-sharing Clearing-House and to compile, analyse and structure this information for consideration by the third meeting of the Intergovernmental Committee;

6. Decides that the following additional issues should be addressed by the Intergovernmental Committee at its third meeting, in preparation for the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol:

(a) Monitoring and reporting (Article 29);

(b) Exchange of views on the development, updating and use of sectoral and cross-sectoral model contractual clauses, voluntary codes of conduct, guidelines and best practices and/or standards (Article 19 and 20); and (c) Exchange of views on the state of implementation of the Nagoya Protocol.

Annex II

Overview of measures to build or develop capacity to effectively implement the Protocol based on the needs and priorities of Parties and indigenous and local communities

To see the full figure, please refer to page 10 of the decision.

  Key area: (a) capacity to implement, and to comply with the obligations of the Protocol Key area: (b) capacity to negotiate mutually agreed terms Key area: (c) capacity to develop, implement and enforce domestic legislative, administrative or policy measures on access and benefit-sharing Key area: (d) capacity of countries to develop their endogenous research capabilities to add value to their own genetic resources Particular capacity needs and priorities of indigenous and local communities and relevant stakeholders, including the business sector and the research community
Phase 1

-Ratification of the Protocol

- Legal and institutional development

- Raising-awareness of the importance of genetic resources and TK associated with genetic resources, and related ABS issues

- Special measures to increase the capacity of ILCs with emphasis on enhancing the capacity of women within those communities in relation to access to genetic resources and/or TK associated with genetic resources.

- Mapping of relevant actors and existing expertise for the implementation of the Nagoya Protocol.

- Mobilising new and innovative financial resources to implement the Nagoya Protocol

- Establishing mechanisms for interagency coordination.

- Promotion of equity and fairness in negotiations, such as training to negotiate MAT

- Supporting the development of model contractual clauses.

- Developing and implementing pilot ABS agreements

- Developing a policy framework on ABS.

- Taking stock of domestic measures relevant to ABS in light of the obligations of the Nagoya Protocol.

- Setting-up new or amended ABS legislative, administrative or policy measures with a view to implementing the Nagoya Protocol

-Development of regional model legislation

- Developing a policy framework on ABS.

- Taking stock of domestic measures relevant to ABS in light of the obligations of the Nagoya Protocol.

- Setting-up new or amended ABS legislative, administrative or policy measures with a view to implementing the Nagoya Protocol

-Development of regional model legislation

-Participating in legal, policy and decisionmaking processes

- Developing minimum requirements for MAT to secure the fair and equitable sharing of benefits arising from the utilization of TK associated with genetic resources

- Developing community protocols in relation to access to TK associated with genetic resources and the fair and equitable sharing of benefits arising out of the utilization of that knowledge

- Developing model contractual clauses for benefit-sharing arising from the utilization of TK associated with genetic resources

 

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