| Main Menu
SD Conferences
Missing Links in Sustainable Development: South Asian Perspectives
|
|
AbstractsSub-theme: Globalization Panel 6: Policy trends and development in access to Genetic Resources and benefit sharing
Access and Benefit Sharing in TRIPS Negotiations: An Appraisal of Current State of Play The concept of access to benefit and the equitable sharing of the benefits arising out of the utilization of genetic resources have been recognized by the States in the Convention on Biological Diversity (CBD). The relationship between the Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS) and CBD became a subject matter of high deliberations when States realized that the existing rules are not sufficient for the protection of resources that form part of patent applications. During the late 90’s the members of the WTO began the review of the ‘patentability’ subject matter under Article 27. 3 (b) as required by the TRIPS Agreement, which calls for the patentability of life forms excluding plants, animals and essentially biological processes. Under the present scenario States need to find ways to achieve their interests in gaining rights to protect the traditional knowledge and the genetic resources that are involved in the newly invented product awaiting the grant of exclusive right of patent. * Gopa Kumar is associated with CENTAD, India. Exploring the Role and Contribution of Access and Benefit Sharing (ABS) in Poverty Reduction At the Millennium Summit in September 2000 the largest gathering of world leaders in history adopted the UN Millennium Declaration, committing their nations to a new global partnership for eradicating poverty and extreme hunger; enhancing gender equality; providing access to education; improving health; combating HIV etc. by setting out a series of time-bound targets, all with a deadline of 2015, that have become known as the Millennium Development Goals (MDGs). The need for poverty reduction has also been identified in the context of the Convention on Biological Diversity (CBD), which recognizes that: “economic and social development and poverty eradication are the first and overriding priorities of developing countries” (preamble). One of the objectives of the Bonn Guidelines is: “To contribute to poverty alleviation and be supportive to the realization of human food security, health and cultural integrity, especially in developing countries.” The 2002 World Summit on Sustainable Development (WSSD), which provided the mandate for negotiating an international regime on Access and Benefit-sharing (ABS), recognizes that biodiversity plays a vital role in poverty reduction, and is essential to human well-being, livelihood and cultural integrity. It also recognizes that biodiversity loss can only be reversed if local people benefit from conservation and sustainable use, particularly in countries of origin of genetic resources. Poor people in biodiversity rich areas depend directly on natural resources and biodiversity for a large part of their livelihoods, particularly indigenous and local communities representing traditional lifestyles and knowledge. The ABS framework1 was not conceived with the needs of the poor in mind. But it can serve as a useful tool for contributing to poverty reduction and biodiversity conservation, if certain provisions are made.2 On rational grounds, the study aims to explore the role and contribution of ABS agreements to reduce poverty in biodiversity rich areas, where most local and indigenous communities reside. The study further develops a case for poverty reduction in local and indigenous communities of Pakistan by analyzing some relevant case studies of developing countries. There is very little literature available on ABS and the poverty reduction nexus,3 at the same time lack of specific data is a major problem in order to infer conclusions about the specific and potential role of ABS agreements to reduce poverty in local and indigenous communities in Pakistan. However, observations have been made to assess the potential of ABS agreements for reducing poverty, on already agreed and recognized multiple dimensions of poverty and of the values of biodiversity. The study has been divided in four parts. The first part presents profile and trends of poverty in Pakistan, at the same time missing links between historical responses to reduce poverty in Pakistan have also been identified, such as recognizing the role of biodiversity in poverty reduction initiatives. The second part of the paper explains the relationship between biodiversity and poverty on rational grounds. Here some biological resources and traditional knowledge of local communities have also been identified, which have the potential to bring benefits for local communities. This part of the study also explains the economics of biodiversity and identifies the beneficiaries. The third part presents a logical framework for assessing the role and contribution on ABS agreements in reducing poverty. Economic value of benefits, their contribution in reducing poverty and local communities as beneficiaries has also been identified and assessed. The last part of the study analyses some case studies, where ABS has actually contributed to reduce poverty in local and indigenous communities. The conclusion of the study presents recommendations and future research priorities. 1 ABS frameworks have been introduced in different treaties such as the CBD and FAO, but in this study we will only consider the ABS framework introduced by the CBD- Bonn Guidelines. 2 Background Note ABS and Poverty: Practical Approaches for Reducing Poverty through ABS. Side event at ABS Working Group, February 3, 2006 organized by ANDES, IIED, FIELD, Netherlands Ministry of Foreign Affairs. 3 Thus, the study is guided by limited available literature such as the Henne et al. (2003); and Access and Benefit-Sharing (ABS): An Instrument for Poverty Alleviation, German Development Institute (GDI), Bonn. * Abdul Hafeez is associated with The Network for Consumer Protection, Islamabad, Pakistan. Gender Dimension in ABS Mechanism focusing on Plant Genetic Resources A study by the Food and Agriculture Organization (FAO) on Rural Women and Food Security recognizes that rural women in their multiple roles contribute not only to food production but also play a significant role in the sustainable conservation of plant biodiversity. Women produce more than half of all the food that is grown in the world. In South Asia the multiple roles that women play can be seen as varying from seed selectors where biodiversity is concerned, biodiversity managers in home gardens and as keepers of food crops, medicinal plants, wild food and forest products. Women experience everyday life differently from men. Traditionally, the gender role of women requires them to face numerous tasks at home, in the workplace as well as in the community. Women farmers used to play a critical role in the areas of seed collection, handling, storage and maintaining the biodiversity. They engaged in the conservation, preservation and germination activities of seeds and transferred the related knowledge to their children. As a result, these demands on women have left them as poorly served citizens with less time than men for political involvement, and therefore, without a voice in the decision-making processes that impact their lives. They are relatively “invisible” partners; from the grass roots to the policy-making levels and are hence unable to do anything about the concerns and problems that they face. In countries like Pakistan, the cultural relationships or culturally based differences in status and power between men and women affect gender equity and its strong connection with indigenous knowledge and biodiversity. In developing countries women produce about 60-80% of food through both subsistence and commercial farming, but despite this important contribution, women consistently have less access to resources for agricultural production, including land, credit, productivity inputs, education and training, and information. Moreover, women’s role as custodians of traditional knowledge is continuously overlooked and they lack access to genetic resources. Women also bear the worst consequences of the national and international polices formulated that ignore the principle of sustainability; the biggest example of which being the role of women as the custodians of plant genetic resources and traditional knowledge. This paper will discuss the gender dimension of biodiversity and point to how women’s concerns and interests are sidetracked. * Mehnaz Ajmal Paracha is a Project Associate with the Sustainable Development Policy Institute (SDPI), Islamabad, Pakistan. ABS, PIC and Farmers' Rights:A Review of Legal Mechanisms in Nepal Abstract: Biotechnology is being rapidly applied in the agriculture and pharmaceutical sectors in many countries but the countries which are benefiting much from such applications are in most cases the technology-rich developed countries and their multinational seed and pharma companies. The biodiversity-rich developing countries, which provide biological resources have not benefited from the commercial use of their resources. Indigenous communities and farmers in these countries are considered the donors and custodians of biological resources but they too are being exploited and their rights to livelihood are instead being threatened. Keeping in consideration the two important international legal mechanisms such as CBD and TRIPS, this paper presents a case of Nepal (which is rich in biodiversity and where a majority of population are farmers) from the legal perspective. Nepal is a party to CBD and as a WTO Member has an obligation to implement the TRIPS Agreement. The Nepalese government has prepared two draft laws to fulfill its obligations under these international legal instruments. The law prepared to comply with CBD is "Access and Benefit Sharing Bill" and the other law under TRIPS is "Plant Variety Protection and Farmers' Rights Bill". What legal mechanisms have been introduced in these laws to establish a national ABS regime? What provisions have been made to ensure farmers' rights to livelihood? And what are the implementation challenges? These are some important issues that must be discussed and analysed. Lessons should also be taken from other countries prior to enactment of these bills and during the implementation of the Acts. The paper aims to raise debates concerning these different and other issues. * Niraj Shrestha is associated as Programme Officer with the South Asia Watch on Trade, Economics & Environment (SAWTEE), Kathmandu, Nepal. Sri Lankan Perspective on ABS, PIC, their LegalSstatus and Implementation Challenges Sri Lanka is party to the Convention on Biological Diversity and therefore obliged to implement Section 15 on Benefit Sharing and Prior Informed Consent. This paper examines the existing national legal framework and its conformity with international obligations. It recommends improving the effectiveness of existing legislation through passing of new regulations, as well as the enactment of a framework law on ABS and PIC. * Thiranthie Udakumbura is associated with the Law & Society Trust Society, Colombo, Sri Lanka
|