Take effective legal, policy, administrative and capacity-building measures at all levels, as appropriate, to ensure the fair and equitable sharing of benefits that arise from the utilisation of genetic resources and from digital sequence information on genetic resources, as well as traditional knowledge associated with genetic resources, and facilitating appropriate access to genetic resources, and by 2030, facilitating a significant increase of the benefits shared, in accordance with applicable international access and benefit-sharing instruments.
Introduction
A fair and equitable distribution of the benefits from genetic resources is one of the three prime objectives of the UN Convention on Biological Diversity (CBD) and is primarily negotiated under the Nagoya Protocol.
The current system for benefit-sharing from the use of Digital genetic Sequence Information (DSI) is not satisfactory. Today, DSI is stored in resource banks, where there is often “open access”, meaning it is free to download digital genetic sequence information for use in research, medicine development, and a variety of other purposes. With the changing technology the current primarily bilateral mechanisms for benefit-sharing of DSI have not been effective in ensuring that the source of the information receives a share of the benefits from its use. Without improvements to Access to Genetic Resources and Benefit-Sharing (ABS) mechanism related to the use of DSI it is not possible to implement the principle of fair sharing of benefits from genetic resources.
It needs to be acknowledged that "open access" does not equate to "equal access". To address the unequal distribution of DSI, access and availability needs to be improved, including by providing technical support and capacity building. Without such measures, the principle of open access will continue to reinforce the inequalities the mechanism seeks to address.
This goal concerns the fair and equal distribution of benefits from biological resources and thus does not directly impact how biodiversity and ecosystems is conserved or managed. However, there can be indirect effects as fair and equal distribution of benefits can contribute to sustainable management of nature.
Policy Proposals for National Implementation
Strengthen funding for national research institutions to support tracing of sequence origin, and encourage north-south institutional partnerships between relevant institutions.
Establish national mechanisms to secure the rights of Indigenous Peoples and the fair and equitable sharing of the benefits arising from the use of DSI on genetic resources, in line with the third pillar of the CBD.
Policy Proposals for International Implementation
During International negotiations, address the unequal distribution of DSI with the objective of improving access and availability, including by providing technical support and capacity building.
Provide financial and technical assistance to low- and middle-income countries to facilitate the access to the use of digital sequence information, as well as increase the cooperation between research institutions across regions.
Ensure that the new multilateral mechanism will share the benefits arising from the use of DSI fairly and equitably, while respecting and taking fully into account the rights of Indigenous Peoples. Ensuring the fundamental right to free, prior and informed consent (FPIC), in line with UNDRIP, as required in all instances where sequencing is done on the basis of Indigenous Peoples’ knowledge.
In international negotiations be proponents of the full and effective participation of Indigenous Peoples, such as inclusion in the process relating to developing the multilateral benefit-sharing mechanism, and the decision of how to disburse and share the benefits arising from the use of DSI.
Ensure that the sharing of benefits arising from the use of DSI is binding to Parties and users of DSI. (Whether the solution will be the establishment of a new protocol, amending the Nagoya Protocol, or ensuring a binding nature if the mechanism is established under the COP).
Take a clear position that any mobilisation of resources under the DSI multilateral mechanism should not be instead of the obligations under Article 20 in the CBD and Target 19.a in the Global Biodiversity Framework (GBF).
In international negotiations, push for a requirement of documentation for origin of sequences whenever relevant, as well as documentation that free, prior and informed consent is obtained where applicable.
Support funding for origin tracing of existing sequences where the origin is not already established.