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CONACYT-Centro de Investigaciones Biologicas 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 Biologicas del Noroeste (CIBNOR), Instituto Politecnico Nacional 195, Colonia Playa Palo de Santa Rita, La Paz 23096, B.C.S., Mexico
Received: August 23, 2019 / Revised: September 27, 2019 / Approved: October 4, 2019 / Published: October 9, 2019
One of the main challenges for countries with a high level of biodiversity is the conservation of species and natural environments. This priority is based in part on the recognition of the importance of ecosystem services, understood as the many benefits that people derive from ecosystems that can be transformed into marketable goods and services. The Nagoya Protocol is an international agreement that aims to create a framework by which countries can support the conservation of biodiversity by controlling access to the genetic material of local populations. These materials may be useful to companies, organizations and institutions for commercial, non-commercial or both purposes. Genetic resources are also an important resource in many industries, including medicine, biotechnology, plants and horticulture, agriculture, hygiene and cosmetics, and the food and beverage industry. This study examines the relationship between biodiversity, the implementation of conservation systems, the quality of institutions and the use of the Nagoya Protocol in selected countries. To test these relationships, a Probit model was added and a standard compliance analysis was conducted to determine whether the above factors contribute to ABS compliance as measured by the issuance of internationally recognized Certificates of Compliance (CCAs). . (IRCC) sits on the Access and Benefit-Sharing Mechanism for Information Sharing (ABSCH) of the Convention on Biological Diversity. The results show that the biodiversity conservation policy, especially the designation of nature reserves, is an important factor that can motivate participants in the Nagoya Protocol member countries to use the Protocol system. The CCA also demonstrated the quality of institutional factors such as the protection of property rights, the effectiveness of the legal system for resolving disputes, the protection of investors and the minimal burden of government regulation. It also helps explain the use of ABS contracts.
One of the main challenges for countries with a high level of biodiversity is the conservation of species and natural environments. This priority is based in part on the recognition of the importance of ecosystem services, understood as the many benefits that people derive from the natural environment that can be converted into marketable goods and services. For example, microbes support the health of many ecosystems on Earth and play an important role in agriculture, food production and human health [1]. To meet the challenges of biodiversity conservation, the international community adopted the Convention on Biological Diversity (CBD) in 1992 during the United Nations Conference on Environment and Development. The objectives of the CBD are the conservation of biodiversity, the sustainable use of biodiversity components and the fair and equitable distribution of benefits arising from the use of genetic resources.
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Later, Members of the World Summit on Sustainable Development held in Johannesburg in 2002 recognized the need for further action to contribute to the achievement of the third goal of the CBD. Recommendations were therefore introduced to conclude an international framework for the creation of a system for the fair and equitable distribution of benefits arising from the use of genetic resources, as described in the Johannesburg Plan of Action. Since the 2002 World Summit, the Johannesburg Plan has been reviewed and revised every two years at the CBD Conference of Parties. These events were held in Kuala Lumpur (2004), Curitiba (2006) and Bona (2008), and each meeting was followed by statements inviting Members to the CBD and other relevant stakeholders to participate in the dialogue and development process. The final meeting of these meetings within the framework of the International Framework for Access and Benefit Sharing (ABS) led to the Bonn Recommendations, a document that helps governments take action to manage ABS in their countries.
However, because these guidelines are voluntary and only aimed at users of genetic resources, critics have complained that a more comprehensive ABS system that takes into account the interests of providers of genetic resources and conservation and conservation issues is still needed. Sustainable use [2]. Finally, at the 10th Conference of the COP held in Japan in 2010, the Nagoya Protocol on the Access to Genetic Resources and the Sharing of the Benefits of Their Use on the Basis of Justice and Equity was adopted as these guidelines [3]. The Nagoya Protocol came into effect on October 12, 2014 and became mandatory for member countries. Therefore, more than 22 years passed from the adoption of the CBD in May 1992 to the entry into force of the Nagoya Protocol in 2014. Most prominent, due to several reasons, is the confusion surrounding the meaning and scope of the provisions of the CBD ABS. The controversy stems from the fact that as of 2007, only 39 of the 189 Contracting States to the CBD had committed to adopting national laws to implement the Convention.[4]
This is a surprising lack of action, given that unlike the historical situation where biological resources were considered the “common heritage” of mankind, Article 3 of the CBD declared that states have jurisdiction over biological resources within their jurisdiction. personally. As a result, it can be used without restrictions. The principle of autonomy gives CBD member states the right to regulate access to genetic resources in accordance with national law, including mandatory conditions for obtaining prior consent and benefit sharing [5]. This concept is extended from the framework of the Nagoya Protocol to ensure that where traditional or local knowledge related to genetic resources exists, countries should consider the interests and rights of communities that own this knowledge in their national frameworks and protocols on GRD.
The inclusion of traditional knowledge within the scope of ABS initiatives means that local and indigenous communities must participate in the sharing of financial and non-financial benefits arising from the use of knowledge-based resources (Article 12). On the other hand, even when accessing and using genetic resources without traditional knowledge, it is important to obtain informed consent from the service providers of these resources, and to agree and sign a profit-sharing agreement. Depending on the nature of the source from which the resources were purchased, suppliers may include national or local government agencies, public or private organizations, or private landowners.
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The Nagoya Protocol aims to prevent the extraction and/or commercialization of genetic material and cultural knowledge by companies and other institutions located in countries where genetic resources are used without the consent of the provider, by creating an ABS system. in the country where the resource was purchased [6]. The protocol also aims to protect the interests of indigenous peoples and local communities by recognizing the importance of traditional knowledge for historical and sustainable development and the use of genetic resources. The Nagoya Protocol also aims to correct past injustices by tacitly acknowledging that for decades industrial interests in various sectors of the economy have only benefited through the commercial exploitation of genetic resources and associated traditional knowledge.