The Five Global Biodiversity-Related Conventions

Plenary In Plenary, experts discussed complementary options to address ABS within the framework of the CBD. CoChair Jorge Medaglia emphasised that identifying a package of alternative approaches to address countries’ needs is considered to be one of the Panel’s main outputs. He suggested that the first part of the discussion focus on identifying guidelines, while other complementary measures, such as contractual agreements, capacity creation and information exchange, could be addressed later. He proposed dividing the discussion on guidelines into comments on characteristics and on elements. Co-Chair Martin Girsberger announced the formation of a drafting group to produce text based on these discussions. When Plenary reconvened, experts reacted to a draft indicative outline of elements for guidelines on ABS. The Chair of the drafting group introduced the outline. He noted that it provided a broad context; addressed scope and principles in a broadly applicable framework; defined objectives and key features; and elaborated four elements, including steps in the process, roles and responsibilities of stakeholders, benefit-sharing, and cross-cutting elements, including capacity building and intellectual property rights in ABS. Several experts commented on language stating that the guidelines would assist both countries that have and those that have not developed ABS legislation, noting that they would be useful to providers as well as users. Several others noted that the guidelines could enhance or improve existing policies, and could also be directed at other entities that might be involved. During discussion on the elements of the guidelines, representatives expressed concern regarding vague terminology under key features with specific regard to acceptability, consistency with other international approaches, coherence with other measures and adaptability. It was noted that such wording would need to be further explained and refined. During the closing Plenary, experts discussed the revised outline and conclusions. They agreed to clarify language regarding broad arrangements for ABS and to state that the guidelines should not infringe on customary practices and usages of indigenous and local communities, and to emphasise the principle of national sovereignty over genetic resources. The final text addresses context; scope and level of detail of the guidelines; elements of the guidelines; and cross-cutting elements. Regarding context, the outline addresses broad arrangements for ABS, including international guidelines and other complementary measures, such as: codes of conduct, model agreements, access guidelines developed by other organisations, indicators, information exchange mechanisms and capacity building (see UNEP/CBD/EP-ABS/2/L.3). During the final Plenary, experts reviewed the document, providing both substantive and textual comments, and then adopted the report. (MJ)