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Authors: Gerzaín Avilés-Polanco 1, David J. Jefferson 2, Marco Antonio Almendarez-Hernández 3 and Luis Felipe Beltrán-Morales 3,*
CONACYT-Centro de Investigaciones Biológicas del Noroeste (CIBNOR), Instituto Politecnico Nacional 195, Colonia Playa Palo de Santa Rita, La Paz 23096, B.C.S, Mexico
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Centro de Investigaciones Biológicas del Noroeste (CIBNOR), Instituto Politecnico Nacional 195, Colonia Playa Palo de Santa Rita, La Paz 23096, B.C.S, Mexico
Date Received: 23 August 2019 / Date Revised: 27 September 2019 / Date of Acceptance: 4 October 2019 / Date Published: 9 October 2019
A key concern of countries with high biodiversity is the conservation of species and natural habitats. This priority is based on the recognition of the importance of ecosystem services, understood as the various benefits people derive from ecosystems that can be developed into marketable goods and services. The Nagoya Protocol is an international agreement that aims to provide a framework by which countries can help conserve biodiversity by regulating access to indigenous genetic material. Such materials may be of interest to companies, institutions and organizations for commercial, non-commercial, or both purposes. In addition, genetic resources are important inputs for many industries, including pharmaceuticals, biotechnology, plants and horticulture, agriculture, personal care and cosmetics, and food and beverages. This study examines whether there is a relationship between biodiversity, quality of implementation and institutions of systems for protecting natural areas and countries’ use of the Nagoya Protocol framework. Hypothetical models were used to test these relationships and to perform Canonical Correspondence Analysis (CCA) to estimate whether the above factors explain the performance of access and benefit-sharing agreements (ABS) as measured by submission of Internationally Recognized Conformity Certificates (IRCC) on biodiversity. to determine. Access and Benefit-Sharing Clearing House (ABSCH). The results show that biodiversity conservation measures, especially the designation of nature reserves, are important factors in motivating stakeholders in Nagoya Protocol member countries to use the Protocol system. CCA also shows that institutional quality is a factor in property rights protection, efficiency of legal frameworks for dispute resolution, investor protection, and light government regulatory burden, among other factors. Also useful in explaining the use of the ABS protocol.
A key concern of countries with high biodiversity is the conservation of species and natural habitats. This priority is based on the recognition of the importance of ecosystem services, understood as the multiple benefits that humans derive from the natural environment that can be developed into goods and services traded in markets. For example, microbes support the health of most of Earth’s ecosystems and play an important role in agriculture, food production, and human health [ 1 ]. The Convention on Biological Diversity (CBD) was created by the international community at the United Nations Conference on Environment and Development in 1992 to address the issue of biodiversity conservation. The objective of the Convention on Biological Diversity is the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of benefits arising from the utilization of genetic resources.
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Later, at the World Summit for Sustainable Development in Johannesburg in 2002, parties acknowledged the need for further steps to advance the third goal of the CBD. Accordingly, it was proposed to negotiate an international framework to establish a system for the fair and equitable sharing of benefits from the utilization of genetic resources, as outlined in the Johannesburg Plan of Implementation. After the 2002 World Summit, the Johannesburg Plan was reviewed and revised every two years at semi-annual meetings of the Conference of the Parties to the CBD. These events were held in Kuala Lumpur (2004), Curitiba (2006) and Bonn (2008), each of which followed statements inviting CBD parties and other relevant stakeholders to negotiate and draft international Access and Benefit Sharing (ABS). system. The final outcome of these meetings resulted in the Bonn Guidelines, a document designed to help governments take steps to regulate access and benefit sharing in their countries.
Although the guidelines are voluntary and focus only on users of genetic resources, critics complain that a more comprehensive ABS framework is needed that takes into account the interests of providers of genetic resources, as well as issues of conservation and sustainable use [2] Finally, at the tenth meeting of the Conference of the Parties held in Japan in 2010 , the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization was finalized. Bonn guidelines are [3]. The Nagoya Protocol entered into force on 12 October 2014 and is binding on its members. More than 22 years have passed since the Nagoya Protocol came into force in May 1992 to the CBD in 2014. The delay can be explained by a number of factors, particularly confusion around the meaning and scope of the CBD ABS provisions. Due to the lack of clarity, as of 2007 only 39 of the then 189 parties to the CBD attempted to enact national legislation to implement the Convention [4].
This is surprising inaction, given that Article 3 of the CBD states that countries have sovereignty over biological resources located within their territory, in contrast to the historical situation where these resources were classified as “common heritage”. “Human beings and therefore can use them without restriction. The principle of sovereignty gives CBD member states the right to access their genetic resources in accordance with national legal standards, including prior informed consent and setting conditions for benefit-sharing [5]. This concept is described in the Nagoya Protocol. Countries with traditional or indigenous knowledge related to genetic resources have been expanded to recognize that national frameworks and protocols for access and benefit sharing should take into account the interests and rights of the communities that hold that knowledge.
Incorporating traditional knowledge into the scope of the ABS system means that local and indigenous communities must participate in the sharing of monetary and non-monetary benefits arising from the use of resources known to them (Article 12). However, when obtaining and using genetic resources without traditional knowledge, prior informed consent must still be obtained from resource providers, and a benefit-sharing agreement must be negotiated and signed with them. Depending on the type of source from which the resources are obtained, providers may include state or local government agencies, public or private agencies, or private landowners.
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By providing a framework for access and benefit sharing, the Nagoya Protocol aims to prevent companies and other organizations located in countries where genetic resources are available from extracting and/or commercializing genetic material and traditional knowledge without the provider’s consent. (s)) is used. in the country where the resource was obtained [6]. Furthermore, the Protocol aims to protect the interests of indigenous and local communities by recognizing the importance of their traditional knowledge in the historical and ongoing development and use of genetic resources. The Nagoya Protocol seeks to right the wrongs of the past by clearly acknowledging that for decades industrial interests in various economic sectors have profited exclusively from the commercial exploitation of genetic resources and associated traditional knowledge.
