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Highlights for Tuesday, 15 February 2005

Delegates to the third meeting of the Ad Hoc Open-ended Working Group on Access and Benefit-sharing (ABS) of the Convention on Biological Diversity (CBD) met in two sub-working groups throughout the day. Sub-Working Group I (SWG-I) initiated discussions on an international regime on ABS. Sub-Working Group II (SWG-II) addressed: the use of terms; other approaches to complement the Bonn Guidelines; measures to support compliance with prior informed consent (PIC) and mutually agreed terms (MAT); and options for indicators for ABS. 

Above photo: Maria Angelica Ikeda (Brazil) in a discussion with the members of the International Indigenous Forum on Biodiversity (IIFB).



SWG-I co-Chair Sem Shikongo (Namibia) (right) suggested that delegates address the scope of the regime, before its objectives, elements and nature. Above photo L-R:
SWG-I co-Chairs Geoff Burton (Australia)  and Sem Shikongo (Namibia)

The Netherlands, on behalf of the EU, stated that the regime should comprise multiple instruments at different levels. Above photo: Hans Hoogeveen (The Netherlands)

EL SALVADOR said that the international regime must be legally binding and reinforce national legislation on access. 
Above photo: Jorge Ernesto Quezada Diaz (El Salvador)

Ethiopia, on behalf of the AFRICAN GROUP, opposed future gap analysis as prerequisite to defining the scope of the international regime.
Above photo: Tewolde Berhan Gebre Egzhiaber (Ethiopia)

UKRAINE said that the regime should differentiate between genetic resources and genetic materials of potential value. 
Above photo: Igor Ivanenko (Ukraine)

MEXICO called for a focused regime based on a certificate of legal provenance. 
Above photo L-R: Wilehaldo Cruz, Miguel Castellano, Jose Carlos Fernandez, and Jorge Soberon (Mexico)

BOTSWANA said the scope should include breeders’ and farmers’ rights. Above photo: Nancy Kgengwenyane (Botswana)

The INTERNATIONAL INDIGENOUS FORUM ON BIODIVERSITY (IIFB) highlighted human rights concerns and the need to consider the outcomes of the Working Group on Article 8(j). Above photo: Stella Tamang (IIFB)

UGANDA said the regime should contribute to the Millennium Development Goals (MDGs) and specifically to poverty eradication. Above photo: David Hafashimana (Uganda)

GHANA said the regime should prevent the continued misappropriation and misuse of genetic resources and their derivatives. 
Above photo: Alfred Oteng Yeboah (Ghana)

CANADA stressed the need for an analysis of gaps and of the relationship with other instruments that relate to benefit-sharing. Above photo L-R: Anne Daniel and Timothy Hodges (Canada) 

EGYPT underlined that benefit-sharing is not addressed adequately in current international instruments. Above photo: Osama El-Tayeb (Egypt)


Noting that the group does not favor discussion on the use of terms, SWG-II co-Chair Birthe Ivars (Norway) said the Secretariat will continue compiling information on existing national definitions.
Above photo L-R: SWG-II Co-Chairs Orlando Rey (Cuba) and Birthe Ivars (Norway)

Regarding appropriate national measures to support compliance with prior informed consent (PIC), TURKEY urged Parties to ensure full participation of provider countries in research and development activities. 
Above photo: Mehmet Gölge (Turkey)

The PHILIPPINES outlined national approaches, including indigenous community protocols based on free PIC. Above photo: Tony Manila (Philippines) 

BRAZIL said the certificate should ensure 
that access respects the national legislation of the country of origin. Above photo:
Maria Angelica Ikeda (Brazil)

The IIFB stressed that national authorities should not have the right to regulate access to indigenous peoples’ traditional knowledge without their free PIC. 
Above photo L-R: Members of the IIFB with Aroha Te Pareake Mead, Brian Mcdonald, and James Lamouche

COLOMBIA said the certificate should serve the objectives of the international regime and support benefit-sharing. 
Above photo L-R: Fernando Casas and Juanita Chaves (Colombia)

The US cautioned against duplicating ongoing work under WIPO.
Above photo L-R: David Lee, Dominic Keating and Leonard Hirsch (US)

THIRD WORLD NETWORK called for studying developing country proposals on disclosure requirements in the TRIPS Council. 
Above photo Li Lin Lim (Third World Network) and  François Meienberg.

This service was prepared in cooperation with the CBD Secretariat


CBD Secretariat
ABS-3 documents
ENB coverage of SBSTTA-10
ENB coverage of ABS-2
ENB coverage of WG-3 on Article 8(j) and related provisions of the CBD
ENB coverage of the Second Meeting of the CGRFA acting as the Interim Commitee for the International Treaty on Plant Genetic Resources for Food and Agriculture
ENB coverage of COP-7

FAO CGRFA Website 
WIPO Traditional Knowledge Website
TRIPs Website on IPRs, traditional knowledge and biodiversity
Third IUCN World Conservation Congress Website 
IISD Linkages Biodiversity and Wildlife Recent Meetings


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