To what extent the implementation of the Nagoya Protocol is progressing within the countries, being parties or not?
Here are few updates:
Malaysian player:The bill on ABS is at the Attorney’s General Office for last review, according to an article published January 8th, 2017 here.
Prof. Gurdial Singh Nijar in the Sundaily attending the COP13 says:
[…] Now all the company has to do is to get the genetic information of the active compound from the data bank. And avoid any payment or other benefits to the provider country when it creates a product based on that information.
Developing countries have been pressing for this theft of the genetic information to be addressed in international multilateral fora such as the ongoing meeting of parties to the treaties mentioned earlier. But there is fierce resistance from developed countries such as Japan – which has been notorious in raiding the rich biological resources of developing countries to create and enrich itself without sharing benefits with the providers in any meaningful way.
Developing countries are hopeful that the negotiations will succeed in declaring that any use of the genetic information to create products without sharing the benefits in a fair and equitable way with the providers will be biopiracy of their resources – and a breach of the two treaties under international law.
Thailand: Many laws exist to try to protect natural resources but they often overlap and though creates conflict between the different responsible administrations. This impacts the natural resources (biodiversity) management. Teerachai Kuakate suggests that Thailand should enact a new law that helps to harmonise the authorities for better protection and management of its natural resources and takes into account the interests of local communities. Read more here.
France: Law in force since 8 August 2016, the Decree is still under discussion. The Agence Française pour la Biodiversité should still open in January 2017. The decree is open for consultation since Februqry 13th, read here the project.
Brazil: Law in force since 20 may 2015, Decree of application in force since 11 may 2016 and new resolutions being developed in November 2016.
India: more and more control from the authorities on organisations that accessed Indian Biological Resources since 2014 (Release date of the Indian ABS Guidelines).
Things are moving at the countries level but as well at the international organisations. More and more scrutiny is made by NGOs and other players wanting to point out actions led by companies that do not meet the Objectives of the Convention on Biological Diversity including the Nagoya Protocol but not only, looking as well at fair and equitable trading practices.
It is now that we, private sector, need to take strong commitments and actions towards the implementation of the good practices linked to The Nagoya Protocol implementation.
Let’s continue our journey together towards mainstreaming these issues in our day to day business and not making it only an exception!