Collateral Damage Convention on Biological Diversity and Transfer of Specimens for Research

1. Collateral Damage Convention on Biological Diversity andTransfer of Specimens for Research Fabian Haas icipe, Nairobi, Kenya Icipe Seminar 21Oct08

2. Starting Point icipe’s challenges Increasing problems with access to natural enemies for Classical Biological Control, seemingly caused by the Convention on Biological Diversity (CBD) and its Access and Benefit Sharing (ABS) regime.

3. History & Mechanics of the CBD • Conservation Framework • Ownership (derived from a concept of ‘sovereign rights’ on biodiversity) creates responsible and sustainable behaviour • Economic benefits promote sustainability and conservation (“Use it or lose it”) • Bi-lateral agreements between country and company • + Green Gold Rush • Sustainable Development Framework • Negotiations started after 1985 • First Draft of Convention text in 1991

4. History & Mechanics of the CBD Conservation Sustainable Development Protect Species Ecosystems Landscapes Science IndPeople/TK Tourism Agriculture NGOs Agriculture (FAO, UPOV, ITPGRA, etc) Use of Bio/Genetic Resources (ABS) IndPeople/TK Tourism Biofuels, Water NGOs Protect Species Ecosystems Landscapes

5. History & Mechanics of the CBD ARTICLE 1 | Objectives The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding.

6. History & Mechanics of the CBD ARTICLE 5 | Cooperation Each Contracting Party shall, as far as possible and as appropriate, cooperate with other Contracting Parties, directly or, where appropriate, through competent international organizations, in respect of areas beyond national jurisdiction and on other matters of mutual interest, for the conservation and sustainable use of biological diversity.

7. History & Mechanics of the CBD ARTICLE 15 | Access to Genetic Resources 1. Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation. 2. Each Contracting Party shall endeavour to create conditions to facilitate access to genetic resources for environmentally sound uses … and not to impose restrictions that run counter to the objectives of this Convention. […]

8. History & Mechanics of the CBD COUNTRY DRIVEN 191 Parties (including EU, not Andorra, Iraq, Somalia, US) Conference of the Parties (COP) every 2nd year to pass Decisions. In between 3 SBSTTAs (Scientific Body for Scientific Technical and Technological Advice). Adhoc Working/Expert groups. Secretariat in Montral (90 staff, incl. travel agent) Last SBSTTA 13 in Rome, IT, in Feb 2008 Last COP VIII in Bonn, DE, in March 2008 Next COP X in Nagano, JP, in 2010

9. COP

10. Decision Making SCBD 90 staff ABS Working Groups AHTECs COP Recommendation SBSTTA Decision agreed by Countries INF Docs NO! DON‘T! National State Lobby Groups Non-Parties, IGOs, NGOs National Laws Implementation (variable) Law, By-Law, Decree, Funding

11. Access and Benefit Sharing Aim of ABS is to prevent unauthorised use and ensure that benefits are shared with the now owner. Major expected return:: Cash (to country, to provider group) Less important:: knowledge, training, publications, visits • Assumptions:: • Ownership • Economic benefits promotes sustainability and conservation • Bi-Lateral agreements • Green Gold Rush

12. Access and Benefit Sharing Green Gold Rush:: High expectation (were raised) for zillions of easily earned cash through pharmaceutical products (as a bait to promote conservation). Today ‘green gold rush’ is biofuels.

13. Access and Benefit Sharing ABS regulations originally focus on pharmaceutical & other commercial products in bi-lateral agreements between countries, groups and foreign companies. Focus not on science not on biological control not on public goods not a small scale businesses • Assumptions:: • Ownership • Economic benefits promotes sustainability and conservation • Bi-Lateral agreements • Green Gold Rush

14. Stakeholders in ABS Business-minded western countries Anxious biodiversity rich countries Business:: e.g. International Chamber of Commerce Science:: e.g. GTI, CBOL Indigenous people other NGOs Competing Conventions and Bodies WIPO, TRIPS, WTO, FAO/ITPGRA, CITES, CMS, Ramsar, UPOV

15. Frontline… Frontline is implementation by countries:: Being anxious of losing out on the Green Gold Rush, so activities are rather blocked than enhanced. Sectorial approach (e.g. science, CBC) may open loop holes. Waiting for an International Regime for ABS to avoid development national legislation. Simple ignorance of the problems caused in science and CBC. Ignoring the opportunity costs of doing nothing.

16. Ways forward … • ABS WILL NOT GO AWAY • Stop complaining • Understand :: it is a political process • Use the CBD mechanisms to get involved:: • Talk to National Focal Points • Talk to Ministries & Organisation • Go to COP and SBSTTA and WG • Submit Information Documents to CBD • Organise your community (IOBC) and Provide on Set of Rules such as SMTAs • Do Convention Shopping:: • Consider competing Convention and Bodies

17. Competing Conventions and Treaties Sustainable Development Agriculture (FAO, UPOV, ITPGRA, etc) Use of Bio/Genetic Resources (ABS) IndPeople/TK Tourism Energy, Water Protect Species (CITES) Ecosytems (Ramsar) Landscapes Convention Shopping:: If you cannot get what you want in xxx then try in yyy.

18. Competing Conventions and Treaties FAO/ITPGRA International Treaty on Plant Genetic Resources for Food and Agriculture The ‘Plant Treaty’ www.planttreaty.org 120 Members MLS: Multilateral System for Access and Benefit Sharing with SMTA: Standard Material Transfer Agreement List of Crops and Forages (about 60). FAO and Agriculture vs Environmental ministries

19. Competing Conventions and Treaties FAO/ITPGRA MLS Multilateral System for Access and Benefit Sharing I can use the material from a collection pool for breeding and return my results to the pool. I have to pay to the pool only if I have a product protected by intellectual property rights. Procedures defined in the SMTA Standard Material Transfer Agreement. Handling fee. Pool: National Seed collections, CGIAR collections

20. Competing Conventions and Treaties • FAO/ITPGRA • Motivation • Proof of competence of FAO • Avoiding sidelining of FAO through CBD • Unhappiness about CBD Regime • FAO has interest to expand model to • microbial and entomological genetic resources IBMA, IOBC and icipe has that interest too! And we do cooperate with FAO to this end.

21. Thank you!