Activity 1: Develop legislative, administrative and policy measures on ABS (general)
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Below are the global and regional obligations in this activity:
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Component 1: Include ABS measures in national plans and strategies
Directly relevant obligations and commitments
- Include in national plans or strategies and legislation measures for the equitable sharing of benefits arising out of the use of genetic resources: CBD Decision III/9, 2c
- Providing countries: Review national policy, administrative and legislative measures to ensure that they are fully complying with CBD Article 15: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 1
- Base the ABS systems on an overall ABS strategy at the country or regional level that aims at the conservation and sustainable use of biological diversity: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 2
Component 2: Ensure that ABS measures contribute to conservation and sustainable use of biodiversity
Directly relevant obligations and commitments
- Ensure that national biodiversity strategies as well as legislative, administrative or policy measures on ABS contribute to conservation and sustainable-use objectives: CBD Decision V/26, 3
- Direct benefits in such a way as to promote conservation and sustainable use of biological diversity: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 3
- Providing countries: Ensure that the commercialization and any other use of genetic resources do not prevent traditional use of genetic resources: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 4
Component 3: Develop guidelines and practices
Directly relevant obligations and commitments
- Explore and develop, in collaboration with relevant stakeholders, guidelines and practices to ensure mutual benefits to providers and users of access measures and to implement them effectively at the national, regional or international level, as appropriate: CBD Decision III/15, 5
Component 4: Develop ABS measures relating to traditional knowledge
Directly relevant obligations and commitments
- Encourage the equitable sharing of the benefits arising from the utilization of traditional knowledge: CBD Article 8(j) SEE COMMENTARY 5
- Develop national legislation and corresponding strategies for the implementation of CBD Article 8 (j): CBD Decision III/14, 1
Component 5: Develop ABS measures relating to particular components of biodiversity
Directly relevant obligations and commitments
- Develop legislation, administrative or policy measures on ABS for forest genetic resources, taking into account the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization: CBD Decision VI/22, 11 and CBD Decision VI/22, Annex (Expanded programme of work on forest biological diversity).SEE COMMENTARY 6
- Develop national legislative, administrative policy measures on ABS on forest genetic resources, taking into account CBD Articles 8(j), 10(c), 15, 16 and 19, and in conformity with future COP decisions, as appropriate: CBD Decision VI/22, 11 and CBD Decision VI/22, Annex (Expanded Programme of Work on Forest Biological Diversity).SEE COMMENTARY 7
- Identify and promote possible improvements in the policy environment, including benefit-sharing arrangements and incentive measures, to support local-level management of agricultural biodiversity: CBD Decision V/5, 4 and CBD Decision V/5, Annex (Programme of work on agricultural biodiversity)SEE COMMENTARY 8
- Implement Article 8(j) of the CBD as related to inland water biological diversity: CBD Decision VII/4, 10, and CBD Decision VII/4, Annex (Revised programme of work on inland water biological diversity)SEE COMMENTARY 9
- Establish administrative, legislative and/or regulatory measures and systems in line with the CBD to ensure access to genetic resources, in particular those endemic to islands, and ensure that benefits arising from their utilization are fairly and equitably shared: CBD Decision VIII/1, 2 and 3 and CBD Decision VIII/1, Annex (Programme of work on island biodiversity)SEE COMMENTARY 10
- Establish and harmonize ABS processes, mechanisms and measures to protect island genetic resources and for bio-prospecting: CBD Decision VIII/1, 2 and 3 and CBD Decision VIII/1, Annex (Programme of work on island biodiversity) SEE COMMENTARY 11
- Develop and implement a national ABS strategy, and national ABS measures, including legislative, administrative and policy measures with particular reference to endemic island species, taking into account the Bonn Guidelines: CBD Decision VIII/1, 2 and 3 and CBD Decision VIII/1, Annex (Programme of work on island biodiversity) SEE COMMENTARY 12
Component 6: Develop ABS measures regarding particular groups
Directly relevant obligations and commitments
Adopt policies and regulations that ensure that indigenous and local communities and local stakeholders who are engaged in the management of a resource for sustainable use receive an equitable share of any benefits derived from that use: CBD Decision VII/12, 2 and CBD Decision VII/12, AnnexII (Addis Ababa Principles and Guidelines for the Sustainable Use of Biodiversity), and CITES Resolution 13.2 (rev. COP 14) a) SEE COMMENTARY 13
- Ensure that an equitable share of the benefits remain with the local people in those cases where foreign investment is involved: CBD Decision VII/12, 2 and CBD Decision VII/12, AnnexII (Addis Ababa Principles and Guidelines for the Sustainable Use of Biodiversity), and CITES Resolution 13.2 (rev. COP 14) a)SEE COMMENTARY 14
- Require the prior informed consent of indigenous and local communities and the approval and involvement of the holders of traditional knowledge, innovations and practices to be obtained, in accordance with their traditional practices, national access policies and subject to domestic law, when genetic resources or traditional knowledge associated with genetic resources are to be accessed: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 15
- Develop model agreements and codes of conduct for specific uses, users and sectors, where possible making use of work done in other forums: CBD Decision VII/19.F.2 and CBD Decision VII/19.F, Annex (Action Plan on Capacity-building for Access to Genetic Resources and Benefit-sharing) SEE COMMENTARY 16
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