Adopted on 29 October 2010 during the 10th meeting of the Conference of the Parties (COP 10) to the Convention on Biological Diversity (CBD) in Nagoya, Japan, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) (short Nagoya Protocol) finally reached more than 50 ratifications on 12 October – after years of negotiations. As an supplementary agreement to the CBD the Nagoya Protocol aims to support the implementation of the third CBD objective: the fair and equitable sharing of benefits arising out of the utilization of genetic resources. The Nagoya Protocol can be seen as a key achievement for sustainable development since it provides a transparent legal framework for users and providers on accessing, trading, sharing and monitoring the use of genetic resources.
The Nagoya Protocol requires user countries to take legal, administrative and policy measures ensuring compliance with the access and benefit-sharing law of provider countries. This implies measures to ensure fair and equitable benefit sharing from the use of traditional knowledge associated with genetic resources as well as genetic resources held by indigenous and local communities. This is supposed to be based on mutually agreed terms (MAT). Besides, countries commit themselves to introduce measures to ensure to obtain a prior and informed consent (PIC) or approval and involvement of respective indigenous and local communities before accessing traditional knowledge associated with genetic resources. This also includes genetic resources, where communities have the established right to grant access. Besides, when implementing the provisions on traditional knowledge, countries are called upon considering customary laws, community protocols and procedures of indigenous and local communities and to actively support the development of community protocols on ABS and traditional knowledge.
In light of this tremendous step, the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol (COP-MOP) took place in Pyeongchang, Republic of Korea, from 13 to 17 October 2014.
Read more about the relevance of the Nagoya Protocol for the Biodiversity and Community Health (BaCH) Initiative here
Learn more about the Nagoya Protocol and its implications for the effective implementation of the CBD here