National TEMATEA Workshop on Access and Benefit Sharing

Peru was selected as a pilot country for the Latin American and Caribbean region to test the TEMATEA issue-based module on Access and Benefit Sharing (ABS) at national level. The outcome of the exercise, namely a consultation text and proposed activities, was presented for adoption to stakeholders and ABS experts during a national workshop in January 2008.

Workshop Preparations

To prepare the national TEMATEA workshop, the Peruvian National Council of the Environment (government partner: Consejo Nacional del Ambiente, CONAM) and the Peruvian Association for the Conservation of Nature (civil society partner: Asociacion Nacional para la Conservacion de la Naturaleza, APECO) worked together with the TEMATEA Secretariat following an agreed roadmap.

The current state of implementation of ABS provisions in Peru were reviewed by screening national legislation, projects, programmes, etc. related to ABS, against the national obligations included in the TEMATEA issue-based module on ABS.

As the provisions in the ABS module cover different international and regional agreements, the national policies covered included both environmental policies as well as sectoral policies, such as on agriculture, fisheries, Intellectual property and policy related to Indigenous People. This resulted in an inventory containing all relevant national ABS legislation, policies etc. and the division of competences.

As a second step, this inventory was analysed to highlight the strengths and weaknesses, aside from the opportunities and obstacles, in an effort to provide a wide set of information to all stakeholders that were involved in this process.

Finally, using the evaluation as basis, draft recommendations were prepared to improve national implementation and ensure that it addresses national obligations under international biodiversity-related MEAs in a coherent way.

Broad consultations with a large group of stakeholders, took place throughout the preparation of the inventory, its analysis and the recommendations to ensure engagement of all relevant actors and ownership. This further facilitated the national flux of information and exchanges on ABS, while establishing the level of progress in their national implementation.

Results and recommendations

The TEMATEA workshop was attended by a wide array of national experts and agreed on a series of short, medium and long term goals, including:

  • The availability of the ABS inventory prepared for the TEMATEA workshop via the Clearing House Mechanism and other relevant websites. This inventory will be constantly updated and provide input to national reports under the CBD and the FAO International Treaty of Plant Resources for Food and Agriculture.
  • The harmonization of the Prior Informed Consent (PIC) and Material Transfer Agreement (MAT) forms.
  • The development of a common database of all authorizations/permits based on the harmonized forms, to be used by relevant issuing bodies.
  • A standard ABS contract, to be developed by the ABS Technical Group, based on existing drafts and taking into account the criteria from the different agreements. Furthermore, a standard ABS paragraph will be developed and integrated into every relevant commercial contract.
  • The development of a national ABS Action Plan
  • Development of proposals to work on ABS issues with marine authorities/experts.
  • A national ABS position, to defend a coherent position within the different fora, such as CBD, FAO and WTO. In particular, the development of a common position in support of the ABS principles for the discussions related to bio-prospection in Antarctica, in close collaboration with the National Antarctic Institute (Instituto Antartico del Peru).

The preparation of the documents and the workshop itself was part of a participatory consultation experience, and the results were presented by Peru during CBD CoP9 as an example of how to improve at national level the implementation of ABS commitments. The Peruvian exercise attracted the attention of other countries as a useful example how to develop ABS activities at national level. Peru has furthermore committed itself to develop a follow-up evaluation.

Further documents